This report discusses the Supreme Court's ruling in "Ziglar v. Abbassi" and the "Bivens" remedy that the plaintiffs were attempting to use to win their case. The "Bivens" remedy is a legal precedent that came from a 1971 case where the plaintiff Bivens sued federal agents with the Federal Bureau of Narcotics for violations of the fourth amendment due to them handcuffing him inside his own home without a warrant. It has been used two other times for suits against federal officials related to breaches of constitutional rights, one related to gender bias and equality and the other for lack of medical care in prison.

This report briefly surveys the legal authorities that underlay the implementation of the National Security Entry-Exit Registration System (NSEERS), as well as the authorities that remain available to the Executive notwithstanding the recent rule change by President Obama on December 23, 2016 which removed the regulations for the system.