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Most media coverage of the legality of the Trump travel bans has centered on whether they violate the constitutional separation of church and state.

However, David Bier of the Cato Institute has argued the relevance of the following USC clause (originating with the 1965 immigration law):

...no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.

This clause seems to state that a blanket immigrant/refugee ban on any country would be illegal.

Has this argument been employed in any of the travel ban-related legal proceedings so far? If not, why not?

Edit (June 2018): How does the recent supreme court ruling deal with this issue?

Colin
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In Trump v. Hawaii, the Supreme Court majority concluded that 8 USC §1152(a)(1)(A), which you quoted, does not apply here, because the ban is on admission, not visa issuance. From page 22 of the decision:

The distinction between admissibility—to which §1152(a)(1)(A) does not apply—and visa issuance—to which it does—is apparent from the text of the provision, which specifies only that its protections apply to the “issuance” of “immigrant visa[s],” without mentioning admissibility or entry. Had Congress instead intended in §1152(a)(1)(A) to constrain the President’s power to determine who may enter the country, it could easily have chosen language directed to that end.

So the government may not discriminate when issuing immigrant visas. However, a visa does not guarantee entry to the US, and according to the majority, the government may discriminate in determining who actually gets to enter.

Moreover, much of the forbidden travel would have taken place on non-immigrant visas in any case (e.g. business, tourism, students, temporary work visas including H-1B), and the Court argued that this clause applies only to immigrant visas. You can see a list of immigrant and non-immigrant visa types here. Page 21 of the decision:

As an initial matter, this argument challenges only the validity of the entry restrictions on immigrant travel. Section 1152(a)(1)(A) is expressly limited to the issuance of “immigrant visa[s]” while §1182(f ) allows the President to suspend entry of “immigrants or nonimmigrants.” At a minimum, then, plaintiffs’ reading would not affect any of the limitations on nonimmigrant travel in the Proclamation.

The dissents don't mention this statute. However, they do seem to take the view that discrimination in admission simply violates the First Amendment.

Nate Eldredge
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