Challenges likely to follow Trump's travel ban, migration expert says
Challenges against President Donald Trump's new sweeping travel ban are likely to hit the courts soon, a legal expert said on June 5, 2025. Trump signed a proclamation the day before barring citizens of 12 countries from entering the US starting on June 9, 2025, asserting that the restrictions were necessary to protect against 'foreign terrorists.' 'It is terrible that we are closing routes to legal immigration. I expect that this will be challenged in the courts,' said Katerina Linos, a Heyman professor of law and co-director of the Miller Institute for Global Challenges and the Law at UC Berkeley Law in California who has researched migration extensively.
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Challenges against President Donald Trump's new sweeping travel ban are likely to hit the courts soon, a legal expert said on June 5, 2025. Trump signed a proclamation the day before barring citizens of 12 countries from entering the US starting on June 9, 2025, asserting that the restrictions were necessary to protect against 'foreign terrorists.' 'It is terrible that we are closing routes to legal immigration. I expect that this will be challenged in the courts,' said Katerina Linos, a Heyman professor of law and co-director of the Miller Institute for Global Challenges and the Law at UC Berkeley Law in California who has researched migration extensively.
REUTERS VIDEO
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NewsTranscript
00:00I am disappointed but not shocked. It is terrible that we are closing routes to
00:16legal immigration. I expect that this will be challenged in the courts. Based
00:26on the prior travel bans, there will be an emphasis on the way countries were
00:33included and excluded. Why is Afghanistan first on the list, for example? And there
00:40will be challenges based on the process by which individuals with ties to the U.S.
00:46can seek waivers and other exemptions from these overall bans. The Supreme
00:54Court made different decisions based on the facts of the different travel bans
01:00and I believe a fact-specific inquiry is likely to follow when this is
01:05challenged before lower courts and ultimately the Supreme Court. Let me
01:10start by saying that it's a different list of countries. So the version that the
01:16Supreme Court allowed to go forward excluded some of the countries initially
01:20listed, I expect this Supreme Court, these lower courts, to start looking at the
01:25justifications for particular countries. I personally am deeply concerned, indeed
01:31ashamed, that the first country on that list is Afghanistan. I think that we have
01:38behaved in a variety of ways that are unacceptable and by denying people who
01:49supported the U.S. and their families what we promised them, we are not behaving in an
01:59acceptable or responsible way. So I believe the first scrutiny will be on who is
02:03included and for what reasons, and then we will need to think a lot about who should
02:09be able to petition to be exempt from this very broad-ranging measure. Misinformation is a major problem for everyone,
02:18for everyone, but it is especially so for migrants and refugees because there is this
02:24industry, the smuggling industry, that has a business model that's often reliant on
02:30misinformation and competes with governments that often don't communicate in the
02:35language of migrants. So governments are often not in a position to communicate in
02:44the correct languages, in a trustworthy manner. So I think the misinformation
02:49environment will only facilitate risky and unauthorized smuggling. This is why closing
02:59down legal pathways, closing down the ability of the U.S. to vet very, very extensively who
03:05comes in and who comes, who does not, is so disappointing to me.
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