By Adam Liptak and Michael D. Shear for The New York Times
The Supreme Court on Tuesday upheld President Trump’s ban on travel from mostly-Muslim nations, delivering a robust endorsement of Trump’s power to control the flow of immigration into America at a time of political upheaval about the treatment of migrants at the Mexican border.
In a 5-to-4 vote, the court’s conservatives said the president’s statutory power over immigration was not undermined by his history of incendiary statements about the dangers he said Muslims pose to Americans.
Trump, who has battled court challenges to the travel ban since the first days of his administration, hailed the decision to uphold his third version of an executive order as a “tremendous victory” and promised to continue using his office to defend the country against terrorism and extremism.
“This ruling is also a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country,” the president said in a statement issued by the White House soon after the ruling.
The vindication came even as Trump is reeling from weeks of controversy over his decision to impose “zero tolerance” at America’s southern border, leading to politically searing images of children being separated from their parents as families cross into the United States without proper documentation.
Trump and his advisers have long argued that presidents are given vast authority to reshape the way America controls its borders. The president’s attempts to do that began with the travel ban and continues today with his demand for an end to “catch and release” of illegal immigrants.
“We want strong borders and we want no crime,” Trump said Monday. “Strong borders. We want no crime.”
Writing for the majority, Chief Justice John G. Roberts Jr. said that Trump had ample statutory authority to make national security judgments in the realm of immigration. And he rejected a constitutional challenge to Trump’s latest executive order on the matter, his third, this one issued as a proclamation in September.
But the court’s liberals decried the decision. In a passionate and searing dissent from the bench, Justice Sonia Sotomayor said the decision was no better than Korematsu v. United States, the 1944 decision that endorsed the detention of Japanese-Americans during World War II.
By upholding the travel ban, she said, the court “merely replaces one gravely wrong decision with another.”
The countries affected include: