ADEA Washington Update

ADEA Joins AAMC Amicus Brief on Travel Ban

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ADEA is a signatory to an Amicus Curiae brief, also known as a “friend of the court” brief, regarding President Trump’s Executive Order (EO) that limits travel to and from the United States from six majority-Muslim countries. The brief, led by the Association of American Medical Colleges (AAMC), makes the argument that the travel ban would too stringently restrict the movements of foreign-born health professionals, who are integral to the functioning of U.S. health care and related academic and research enterprises.

It is noted that health professionals from other nations fill critical gaps in the healthcare workforce, strengthen hospitals and schools, and positions the United States as a global leader in medical research. Furthermore, the brief states that preventing the entry or re-entry of such health professionals would “undermine the health security of our nation,” and have an especially severe impact in rural and traditionally underserved areas.

The full U.S. Court of Appeals for the 4th Circuit had put the EO on hold in May, concluding that although the order did not specifically say so, the order likely violated the Constitution because the President intended to discriminate against Muslim travelers. Earlier in June, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit also blocked the order, but for a different reason.  They concluded that the order exceeds the authority that Congress has given the President to regulate immigration. The decision by the U.S. Court of Appeals for the Ninth Circuit affirmed U.S. District Court Judge Derrick Watson's decision.

The Trump Administration petitioned the Supreme Court to review the case. On June 26, their last day on the bench for October Term 2016, the justices agreed to review the two challenges to the Trump Administration’s entry ban and to partially lift the circuit court injunctions against enforcement. The case will be heard this October.

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