International passenger transportation: status of the refugee-related passenger transportation ban after Fourth Circuit Opinion

Abstract

The majority opinion of the Fourth Circuit US Court of Appeals in International Refugee Assistance Project v. Trump is one of the more important refugee transportation rulings in a number of years. It is likely to be a very important precedent regarding refugee travel transportation (Executive Orders (EOs) 13769 and 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States”). At this writing it is not certain what the future direction of these bans will be, but it would appear that the Fourth Circuit ruling will hold considerable sway. This paper discusses these EOs’. Procedurally, Chief Judge Gregory and Judges Diaz, Floyd, Harris, King, and Wynn formed the majority. Judges Traxler, Keenan, and Thacker wrote concurring opinions. Judges Niemeyer, Shedd, and Agee composed dissenting opinions.