Legal Boundaries for Immigration Policies - US and Swiss Immigration Bans

This lecture held jointly by the University of Lucerne and Penn State University explores the legal implications of the US travel ban imposed by President Trump in 2017 and the Swiss immigration referendum voted in 2014.

Datum: 16. Mai 2017
Zeit: 16.15 Uhr bis 17.15 Uhr
Ort: 4.B47

Prof. Martina Caroni, University of Lucerne / Chair / Welcome

Prof. Salar Ghahramani, Penn State University / Speaker (co-author Jacob Finkel, Stanford Law School)

Presentation “Trump's Travel Ban and the US Constitution” (Slides)

President Donald Trump issued the Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States” in January 2017, banning all immigration from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Following numerous protests and legal challenges, a nationwide temporary restraining order (TRO) was upheld by the US Court of Appeals for the 9th Circuit in the case Washington v. Trump. In March 2017, President Trump signed a revised Executive Order, which again became subject to a TRO in the case Hawaii v. Trump. The presentation will explore the procedural history and the legality of the two travel bans imposed by President Trump.

Prof. Nicolas Diebold, University of Lucerne / Speaker

Presentation “Swiss Stop of Mass Immigration and the Free Movement Agreement” (Slides)

In February 2014, the Swiss people voted yes on the immigration referendum, amending the Constitution by putting in place immigration quotas for EU-citizens and requiring Swiss employers to give priority to job seekers residing in Switzerland. The presentation explores the conflict between the new provisions in art. 121a of the Swiss Constitution and Switzerland’s international obligations under the Agreement on the Free Movement of Persons between Switzerland and the EU.