Three changes we're likely to see in Trump's revised travel ban

2. The new order probably will exclude people who do not have green cards but are already legally living in the United States. The Trump administration thinks the 9th Circuit was wrong to suggest that people from the seven banned countries who are legally working or studying in the U.S. on nonimmigrant visas have any due process rights when the government decides to revoke their visas. Francisco and Kneedler say “no court has adopted” that position, and the U.S. Court of Appeals for the 5th Circuit has rejected it. But the visas of students and scholars at state universities are at the center of the case before the 9th Circuit, which was brought by Washington and Minnesota, so it seems likely that Trump’s revised order will leave them alone. “The Order’s principal focus is on aliens who have never entered this country and have no connection to it,” Francisco and Kneedler say. “The Supreme Court ‘has long held that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application.'” It sounds like Trump will narrow the order so that its scope is defined by this “principal focus.”

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