1 00:00:00,040 --> 00:00:02,480 Speaker 1: Well, now it's time for our daily Bloomberg Law Brief, 2 00:00:02,560 --> 00:00:04,960 Speaker 1: exploring legal issues in the news, and it's brought to 3 00:00:05,000 --> 00:00:09,800 Speaker 1: you by American Arbitration Association. Business disputes are inevitable, resolve 4 00:00:09,840 --> 00:00:13,800 Speaker 1: faster with the American Arbitration Association, the global leader in 5 00:00:13,840 --> 00:00:17,759 Speaker 1: alternative dispute resolution for over ninety years. More at a 6 00:00:17,840 --> 00:00:21,079 Speaker 1: d r dot org. Today Bloomberg, Laho stum Grosso and 7 00:00:21,079 --> 00:00:25,119 Speaker 1: Greg Sture discussed President Trump's revised travel ban, which eases 8 00:00:25,120 --> 00:00:28,080 Speaker 1: restrictions on travelers coming to the United States but could 9 00:00:28,160 --> 00:00:31,280 Speaker 1: still face challenges in courts across the country. They speak 10 00:00:31,280 --> 00:00:34,680 Speaker 1: with David Beer, an immigration policy analyst at the Cato Institute, 11 00:00:35,000 --> 00:00:38,320 Speaker 1: and Eliza Gouden, co director of the Liberty and National 12 00:00:38,360 --> 00:00:42,519 Speaker 1: Security Program at the Brennan Center for Justice. Eliza, is 13 00:00:42,560 --> 00:00:45,000 Speaker 1: it fair to say that this new executive order is 14 00:00:45,040 --> 00:00:49,120 Speaker 1: a significant improvement from a legal standpoint from the original one? 15 00:00:49,440 --> 00:00:51,159 Speaker 1: I'm not sure I would say that from this from 16 00:00:51,159 --> 00:00:54,400 Speaker 1: a legal standpoint, I think it's certainly made an effort 17 00:00:54,520 --> 00:00:58,160 Speaker 1: to try to defuse some of the legal objections and 18 00:00:58,200 --> 00:01:02,120 Speaker 1: the legal problems with the first order, for example, by 19 00:01:02,320 --> 00:01:08,040 Speaker 1: eliminating language that carved out an express preference for religious minorities. Um, 20 00:01:08,120 --> 00:01:11,800 Speaker 1: and also by exempting current visa holders as well as 21 00:01:11,840 --> 00:01:14,640 Speaker 1: green card holders. These were all efforts to try to 22 00:01:14,880 --> 00:01:20,600 Speaker 1: mitigate some of the constitutional concerns with the original policy. UM. 23 00:01:20,640 --> 00:01:23,000 Speaker 1: I don't think they will that will be enough actually 24 00:01:23,080 --> 00:01:26,720 Speaker 1: to to change the legal analysis, because the crux of 25 00:01:26,760 --> 00:01:31,880 Speaker 1: the order remains a policy that on its face has 26 00:01:31,880 --> 00:01:38,520 Speaker 1: a discriminator discriminatory impact on Muslims. After President Trump made 27 00:01:38,520 --> 00:01:40,840 Speaker 1: a number of statements saying that he intended to put 28 00:01:40,840 --> 00:01:44,520 Speaker 1: in place a Muslim van David, do you agree that 29 00:01:44,600 --> 00:01:47,920 Speaker 1: the revised order eliminates certain problems, but that the core 30 00:01:48,440 --> 00:01:54,480 Speaker 1: constitutional problem, which is religious discrimination, remains well. I don't 31 00:01:54,480 --> 00:01:59,240 Speaker 1: particularly take the view that this is a constitutional issue. 32 00:01:59,320 --> 00:02:03,000 Speaker 1: I My argument is that this is a statutory problem 33 00:02:03,080 --> 00:02:05,360 Speaker 1: for the president. That we have a law on the 34 00:02:05,400 --> 00:02:11,520 Speaker 1: books that Congress enacted in nine that bands discrimination based 35 00:02:11,600 --> 00:02:16,320 Speaker 1: on UH nationality for immigrants. So at least as far 36 00:02:16,360 --> 00:02:21,560 Speaker 1: as this band applies to immigrant visa applicants in these countries, 37 00:02:22,080 --> 00:02:25,560 Speaker 1: then it's illegal under the law, and this new order 38 00:02:25,639 --> 00:02:30,240 Speaker 1: did nothing to resolve that fundamental problem, that you have 39 00:02:30,360 --> 00:02:34,239 Speaker 1: a statute that bands this type of discrimination. I also 40 00:02:34,280 --> 00:02:37,200 Speaker 1: would say that while I'm not convinced that you know 41 00:02:37,280 --> 00:02:41,120 Speaker 1: that this is necessarily a Muslim band, there are elements 42 00:02:41,160 --> 00:02:44,440 Speaker 1: of this order that really undermine the argument that the 43 00:02:44,440 --> 00:02:48,359 Speaker 1: administration is making that this is about vetting people. So 44 00:02:48,520 --> 00:02:51,480 Speaker 1: it would indicate that he has no plans for it 45 00:02:51,600 --> 00:02:55,959 Speaker 1: to be temporary, and it really is intended to ban 46 00:02:56,120 --> 00:02:59,840 Speaker 1: people from the United States, as David Beer, an immigration 47 00:03:00,000 --> 00:03:03,040 Speaker 1: poll ofsee analyst at the Cato Institute, and Liza Goetein, 48 00:03:03,160 --> 00:03:06,040 Speaker 1: co director of the Liberty and National Security Program at 49 00:03:06,040 --> 00:03:09,359 Speaker 1: the Brennon Center for Justice, speaking with Bloomberg lawhost and 50 00:03:09,400 --> 00:03:12,120 Speaker 1: Grosso and Greg Sture. You can listen to Bloomberg Law 51 00:03:12,120 --> 00:03:15,480 Speaker 1: weekdays at one pm Wall Street Time here on Bloomberg Radio. 52 00:03:15,639 --> 00:03:17,680 Speaker 1: That's This Mornings Bloomberg Law Brief. You can find more 53 00:03:17,760 --> 00:03:20,240 Speaker 1: legal news at Bloomberg Law dot com and Bloomberg Bena 54 00:03:20,360 --> 00:03:23,560 Speaker 1: dot Com. Attorneys will find exceptional legal research and business 55 00:03:23,600 --> 00:03:26,680 Speaker 1: development tools there as well. Visit Bloomberg Law dot com 56 00:03:26,680 --> 00:03:29,160 Speaker 1: and Bloomberg BNA dot com for more information