FAQs on the Supreme Court #MuslimBan decision

June 19, 2018

This week, we’ve again seen how the Trump administration uses xenophobic immigration policies to rip families apart. With the cries of children separated from their parents at the border still fresh in our minds, we are reminded just how intersectional these hateful actions are in their impact. Our response must be impactful as well. Look for a deeper dive analysis on that topic later this week and support those working on the ground now.

At the same time, the Supreme Court will likely announce its decision on the legality of the Muslim Ban either this Thursday or next Monday, and we must be just as prepared to deal with the impact that announcement will have on countless immigrant families.

Below are FAQs provided by our partners related to the Supreme Court decision and some steps you can take to protect our communities.

When is a decision expected?

The next decision days for the Supreme Court are 6/21 and 6/25. There is a chance that more dates will be added and the decision for the Muslim Ban case might move. If that is the case, we will keep you updated on social media.  

As we approach decision day, it’s urgent for Muslim, Arab, South Asian (MASA) communities and our allies to continue speaking out against Trump’s racist agenda and amplifying messages that show the intent and impact of the Ban.

What can we expect from a decision?

While it’s always possible the Supreme Court comes up with something we didn’t expect (as it did last summer, when it came up with the “bona fide relationship” exception), the Supreme Court’s decision could result in at least six possible outcomes, including:

  1. Best case scenario: The Supreme Court strikes the ban down entirely because it exceeds President Trump’s statutory authority and disfavors Muslims, in violation of the Constitution.
  2. The Supreme Court sends the case back to the lower courts for further proceedings without deciding whether the ban is legal.
  3. The Supreme Court holds that the ban is unlawful, but narrows the scope of the lower court order that blocked it nationwide (i.e., limiting it to only the named plaintiffs or those with a bona fide relationship to a person or entity in the U.S.).
  4. The Supreme Court strikes down some parts of the ban while upholding others.
  5. The Supreme Court dismisses Hawaii’s challenge to the ban on a technicality, without deciding whether the ban is legal.
  6. Worst-case scenario: The Supreme Court holds that the ban is fully lawful and constitutional (and not an overreach of the President’s authority and does not disfavor Muslims).

What can you do?

  1. Speak out on social media
    Use Twitter, Facebook and Instagram to say #NoMuslimBanEver and #WeWillNotBeBanned. Make your voice heard and be a part of this very critical conversation.

  2. Show up to an action near you

    In D.C. -- Attend an action outside the Supreme Court at 12pm ET on decision day (click that you’re “Going” or “Interested” on the Facebook event page) and sign up for a text alert.

    Outside D.C. -- Learn about an action near you.

Regardless of the outcome, we will continue working with our partners in the We Will Not Be Banned coalition and in Congress to fight all forms of xenophobic immigration policies that tear our families apart. We’ll also keep you updated every step of the way.



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