What Trump’s ‘s—hole’ comments could mean for travel ban 3.0

As President Trump’s words are being widely condemned, some legal experts believe that the “s—hole” remark could also impact his case for the travel ban.

But given his previous call for a “Muslim ban” and other public statements, other experts aren’t sure this latest comment makes much legal difference.

Attorneys fighting the president’s executive action restricting travel in court, connected the president’s latest comment to what they says is a “racist” ideology.

“The travel ban is a de facto quota – a return to a discredited national origin quota system that was in our law until Congress wisely abolished it in 1965,” said Peter Margulies, professor at Roger Williams School of Law. Yesterday’s alleged statement “couldn’t have been a clearer example of what Congress wanted to abolish.”

According to Margulies, the latest travel ban should be struck down in court on statutory grounds as a violation of a 1965 immigration law prohibiting discrimination based on national origin.

In other words, Trump’s comments further clarified what was already unlawful about the ban, he said.

On Thursday during a bipartisan meeting on immigration reform in the Oval Office, the president asked those in the room why they would want people from Haiti, Africa and other “s—hole countries” coming into the United States, according to multiple sources either briefed on or familiar with the discussion.

Trump denied that he used “derogatory” language about Haitians, but did not specifically address the comments.

“The president has interjected race and ethnicity into the making of immigration policy in a way this country hasn’t seen since the 1920s,” said Hiroshi Motomura, professor at UCLA School of Law and author of two award-winning books on immigration law and policy.

“Yesterday’s statement makes it more reasonable for courts to decide that the travel ban can be struck down as unlawful — beyond the president’s authority…

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