EXECUTIVE ORDER “PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES”: VIOLATING FIRST AMENDMENT RIGHTS OR ALTERING CONSTITUTIONAL PROVISIONS GRANTING FOREIGN POLICY POWERS TO THE PRESIDENT? MELISSA BROOKE WINKLER1 TABLE OF CONTENTS I.BACKGROUND ON NATIONAL SECURITY MEASURES LEADING TO THE 2017 EXECUTIVE ORDERS .......................................................... 80 II.TIMELINE OF THE TWO EXECUTIVE ORDERS AND COURT DECISIONS PERTAINING TO THE ORDERS ...................................................... 82 A. Original Case by the State of Washington and the State of Minnesota Challenging the First Executive Order ........... 82 B. State of Hawaii Case Challenging Second Executive Order Resulting in an Order Granting Motion for Temporary Restraining Order .............................................................. 87 C. Dissent Filed to State of Washington and State of Minnesota’s Cases ............................................................. 90 D. Order Granting the State of Hawaii’s Request to Convert the TRO to a Preliminary Injunction ....................................... 91 III.A TIMELINE OF CASES DEMONSTRATING THE EXECUTIVE POWER OVER IMMIGRATION ................................................................... 93 A. Chae Chan Ping v. United States ...................................... 94 B. Shamsian v. Ilchert ............................................................ 94 C. Knauff v. Shaughnessy ....................................................... 95 D. INS v. Aguirre-Aguirre ...................................................... 96
1. Melissa B. Winkler is an attorney at the Fakhoury Law Group in Troy, Michigan. Ms. Winkler received both her J.D. and LL.M. in Homeland and National Security Law from Western Michigan University Thomas M. Cooley Law School. Ms. Winkler is a member of the State Bar of Michigan and American Immigration Lawyers Association. Ms. Winkler was the Senior Editor of the Homeland and National Security Law Review and has written numerous articles on EmploymentBased immigration matters. One of Ms. Winkler’s proudest accomplishments is being named the youngest member of Oakland County’s 40 under 40 class of 2015. Ms. Winkler is fluent in Spanish and English. She is thankful for the support of her husband and daughters during the writing of this publication.