Court Rules That Donald Trump’s Disgraceful Immigration Ban Discriminates Against Muslims

No Muslim Ban: a poster by Redbubble.Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

As a Russia-related scandal engulfs the White House, with the resignation of national security adviser Michael Flynn, Donald Trump’s disgraceful immigration ban continues to attract condemnation in US courts. The ban, which bars entry to the US to anyone from seven countries with mainly Muslim populations (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) for 90 days, and refugees for 120 days (with a total ban on refugees from Syria) was first subjected to a nationwide stay nine days ago, when District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, declared that the ban was unconstitutional, and granted a temporary restraining order against it that applied nationwide. Washington State’s Attorney General Bob Ferguson had successfully argued in court that the ban “violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act,” as the Guardian described it.

Last week, three judges in the Ninth Circuit Court of Appeals in San Francisco upheld Judge Robart’s ruling, having found that the government had “pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States,” and added that, “[r]ather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all,” in the Guardian’s words.

Yesterday, in Virginia, a third blow for the government came when District Judge Leonie Brinkema, in Aziz v. Trump, issued a preliminary injunction against the order based specifically on the issue of religious discrimination. Read the rest of this entry »

As 9th Circuit Judges Uphold Stay on Donald Trump’s Disgraceful Immigration Ban, 29 Experts from The Constitution Project Condemn Spate of Executive Orders

Protestors against Donald Trump's immigration ban at Dallas/Fort Worth International Airport in Dallas, Jan. 28, 2017 (Photo: Reuters).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the first two months of the Trump administration.

 

There was great news yesterday from the Ninth Circuit Court of Appeals in California, as a panel of three judges unanimously upheld the stay on President Trump’s Executive Order barring entry to the US from seven countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen) whose populations are predominantly Muslim. The stay was issued five days ago by District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, and he is one of several high-level heroes resisting Trump’s racist contempt for the constitution, previously discussed in my articles, Trump’s Dystopian America: The Unforgivable First Ten Days and Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban.

As the Guardian reported, the court found that “the government has not shown a stay is necessary to avoid irreparable injury.” In particular, its ruling noted that “the government has pointed to no evidence that any alien from any of the countries named in the order has perpetrated a terrorist attack in the United States. Rather than present evidence to explain the need for the executive order, the government has taken the position that we must not review its decision at all.”

In a press release, the Constitution Project (a Washington-Based non-profit organization whose goal is to build bipartisan consensus on significant constitutional and legal questions) noted that the court rejected the Trump administration’s argument that “the president’s decisions about immigration policy, particularly when motivated by national security concerns, are unreviewable, even if those actions potentially contravene constitutional rights and protections,” and stated, “There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy.” The Constitution Project also noted that the court added that Fifth Amendment protection against “deprivation of life, liberty, or property, without due process of law” applies to everyone within the United States, not just citizens. Read the rest of this entry »

Heroes of the Resistance: Judge James Robart, Who Has Suspended Donald Trump’s Unacceptable Immigration Ban, and Washington State AG Bob Ferguson

Protestors against Donald Trump's immigration ban at Seattle-Tacoma International Airport on January 28, 2017 (Photo: Genna Martin, seattlepi.com).Please support my work! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning over the first two months of the Trump administration.

 

A week after Donald Trump issued his disgraceful executive order banning visitors from seven mainly Muslim countries (Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen), District Judge James Robart, a senior judge in the United States District Court for the Western District of Washington, appointed by George W. Bush, “granted a temporary restraining order … after hearing arguments from Washington State and Minnesota that the president’s order had unlawfully discriminated against Muslims and caused unreasonable harm,” as the Guardian described it.

In a second article, the Guardian explained that Judge Robart had “declared the entire travel ban unconstitutional,” noting that, although other states are also suing the government, Washington State’s Attorney General Bob Ferguson had “argued the widest case: that the Trump order violated the guarantee of equal protection and the first amendment’s establishment clause, infringed the constitutional right to due process and contravened the federal Immigration and Nationality Act.”

Outside the courtroom, Ferguson said, “We are a nation of laws. Not even the president can violate the constitution. No one is above the law, not even the president. This decision shuts down the executive order immediately — shuts it down. That relief is immediate, happens right now. That’s the bottom line.” Read the rest of this entry »

Disgraceful: Trump Sacks Acting US Attorney General Sally Yates, Who Refused to Support His Vile Immigration Ban

Donald Trump and Sally Yates, the Acting Attorney General who he has sacked after she refused to cooperate with his disgraceful immigration ban.Please support my work! I’m currently trying to raise $2500 (£2000) to support my work over the first two months of the Trump administration.

 

Heroes abound in opposition to Donald Trump’s America — the lawyers filing habeas corpus petitions in airports, the citizens filling the streets with their voices and their indignation in huge numbers of cities across the land, and a handful of individuals whose objections have directly challenged the worst of his policies in his first turbulent ten days in office.

One is Judge Ann Donnelly, the federal court judge in Brooklyn who, on Saturday morning, issued a stay on the forced deportation of those on flights or in US airports who had been targeted by Trump’s outrageous immigration ban, barring entry to the US for anyone from Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for three months, and banning all Syrian refugees permanently (in defiance of the US’s refugee treaty obligations), and also, with utter contempt for their rights, banning re-entry to any permanent US resident from any of these countries who happened to have been abroad when the ban came into effect, as well as anyone with dual nationality (where one nationality includes any of the proscribed countries), including US citizens.

The ban has drawn widespread criticism and has sparked huge protests, and it is clear that it is absolutely unacceptable, as its claimed basis — to protect the US from terrorists — has no basis in reality, as just two US citizens a year from these seven countries are killed by immigrants who could be described as terrorists, compared to 21 a year killed by toddlers with guns, and 11,737 a year shot and killed by other Americans. Read the rest of this entry »

Trump’s Dystopian America: The Unforgivable First Ten Days

'The Nightmare': Artist Mark Bryan's vision of Donald Trump.

Please support my work! I’m currently trying to raise $2500 (£2000) to support my work over the first two months of the Trump administration.

 

Ten days ago, reality as we knew it seemed to disappear with Donald Trump’s inauguration, and the bleak, insular, threatening speech at its heart, which bore all the hallmarks of the miserable white supremacist world view of his most trusted advisor, Steve Bannon, a man who needs constantly exposing as the genuinely malevolent force behind Trump’s throne.

I was in New York City at the time of the inauguration, staying in a house in Brooklyn. My hosts had gone out to work, and I was alone as the realization that no last minute miracle had spared us from Trump truly sank in. I was chilled, and spent the day in a fog of anxiety, as did tens of millions of other Americans.

The following day, the Women’s March played a hugely important role in establishing the resistance to Trump. Millions of women (and supportive men), inspired by opposition to Trump’s misogyny, marched in Washington, D.C., in New York and in other cities across the US and around the world. I wrote about the inspiring New York event here, and my photos are here. Read the rest of this entry »

Demonising the ‘Other’: Tackling the Rise of Racism and Xenophobia

Andy Worthington speaking at RAF Menwith Hill at a CAAB (Campaign for the Accountability of American Bases) protest on July 4, 2013.Please support my work as a freelance investigative journalist and commentator.

 

Last week, I took part in a fascinating event, the Brockley Festival of Ideas for Change, just a few minutes’ walk from my home in south east London, which was organised by two local organisations, the Brockley Society and the St. John’s Society. This was the talk I gave, which I wrote in a 90-minute burst of concentrated creative energy just beforehand. It distils my feelings about the current rise of racism and xenophobia in the UK, the narrow victory for leaving the EU in the referendum in June, and the terrible indifference to the current refugee crisis, which is taking place on a scale that is unprecedented in most of our lives, and I examine the dangers posed by an “us” and “them” mentality, laying the blame on cynical politicians and our largely corrupt corporate media, whilst also asking how and why, on an individual basis, people are becoming more and more insular, and what, if anything, can be done to counter these dangerous trends.

I was asked to join this event today because I’ve spent the last ten years — nearly eleven now — researching and writing about the US prison at Guantánamo Bay, telling the stories of the men held there and working to get the prison shut down, because it is, to be frank, a legal, moral and ethical abomination that should ever have existed.

Discussing Guantánamo here today wasn’t of particular relevance to most of the problems facing people in Britain right now, as the last British resident in Guantánamo — a rather lovely man named Shaker Aamer — was released over a year ago. I could have talked about Britain’s complicity in the existence of Guantánamo, and how we replicated part of its lawlessness here in the UK, holding foreign nationals without charge or trial, on the basis of secret evidence, and subjecting British nationals to a form of house arrest and/or internal exile, but I thought it would be useful to look at a key aspect of Guantánamo that has relevance to so many of the things happening in Britain today that are so deeply troubling to so many of us; namely, the rise of racism.

It doesn’t take a genius to look at Guantánamo and to realise that everyone held there since the prison opened in January 2002 is a Muslim. And because of all the disgraceful rhetoric about terrorists and the “worst of the worst,” Americans have been encouraged to accept that. But imagine if there was a prison run by the United States where people were held without charge or trial, and subjected to torture, and everyone held there was a Christian, or Jewish. There would be an unprecedented uproar. Read the rest of this entry »

My Photos of the Refugees Welcome March in London, Sept. 17, 2016

Refugees Welcome Here: the march in London on September 17, 2016 (Photo: Andy Worthington).See my photos on Flickr here – and, to show solidarity, join the more than 1.3m people who have signed the petition to the UN endorsing the UN Refugee Agency’s belief that all refugees deserve to live in safety.

Yesterday (September 17), a “Refugees Welcome Here” march and rally took place in London, following up on a massive march in support of refugees that took place in March, which I photographed and wrote about here. Organised by Solidarity with Refugees, the event (on Facebook here) had the support of dozens of organisations, including Action Aid, Amnesty International UK, Freedom From Torture, Friends of the Earth, Help Refugees UK (the main provider of support in Calais), Hope Not Hate, Oxfam and Stand Up to Racism.

There were many thousands of people on the march, which was colourful, noisy and positive, with numerous passionate and poignant handwritten placards and banners, as well as placards produced by some of the many organisations supporting the march.

However, it was impossible not to be disappointed that there were not many more people marching, as the largest humanitarian crisis in the lifetimes of anyone born after the Second World War continues. The statistics are sobering and horrific. As the Observer reported today, in an article entitled, “Why won’t the world tackle the refugee crisis?”: Read the rest of this entry »

As Theresa May Becomes Prime Minister, A Look Back at Her Authoritarianism, Islamophobia and Harshness on Immigration

Theresa May, Britain's new Prime Minister, making her first speech as PM. I slightly edited the banner behind her.First off, it says little for democracy that, after the biggest constitutional crisis in most of our lifetimes (the result of the EU referendum, which may take years to resolve), the Conservative Party has responded by having just 199 MPs anoint a new leader to run the country after David Cameron, aging 20 years overnight, bumbled off into the sunset of a poisoned legacy.

Cameron, it is assumed, will forever be known as the worst Prime Minister since Neville Chamberlain (or Anthony Eden), a so-called leader who, because he was too cowardly to face down critics who were even more right-wing than him — in his own party, and in UKIP — called a referendum that he was then too arrogant to believe he could lose. I was fearful at the time Cameron announced the referendum, in January 2013, that it could all go horribly wrong, and on the morning of June 24 my fears were confirmed as 17 million voters — a weird mix of political vandals, racists, xenophobes, left-wing idealists and the ill-informed — voted for us to leave the EU.

Cameron left his mess for others to clear up, and within days most of those who had run with his idiocy and had campaigned to get us out of Europe fell too. Nigel Farage announced that he was standing down as UKIP leader, hopefully doing us all a favour by, as a result, diminishing UKIP’s weird reptilian personality cult. Read the rest of this entry »

UK Votes to Leave the EU: A Triumph of Racism and Massively Counter-Productive Political Vandalism

"Don't blame me, I voted Remain": my response to the UK's EU referendum on the morning of June 24, 2016. What a disaster. In the UK referendum on EU membership, 17.4 million of my fellow citizens (52% of voters) voted to leave the EU, while 16.1 million (48%) voted to remain. Turnout was 71.8%, the highest turnout at a UK election since 1992, and by region the strongest support for the Remain camp was in Scotland, which voted 62% to 38% for Remain, London, which voted 60% to 40% for Remain, and Northern Ireland, which voted 56% to 44% to Remain.

In England as a whole, Leave secured 53.4% of the votes, compared to 46.6% for Remain, and in Wales Leave secured 52.5% of the vote, with Remain on 47.5%.

In London, breaking down the figures still further, 28 boroughs voted to remain, and just five voted to leave (Barking and Dagenham, Bexley, Sutton, Havering and Hillingdon), with 2,263,519 votes in favour of remaining in the EU, and 1,513,232 Londoners voting to leave. See the full London breakdown here.

In Lewisham, where I live, I’m glad to report that 86,995 people (70% of voters) voted for Remain, and just 37,518 voted for Leave, but these results, and similar results across London weren’t enough to prevent a victory for the Leave campaign. Read the rest of this entry »

The End of Reason: Lies, Distortions and Misplaced Anger in the EU Referendum’s Brexit Camp

Andy Worthington showing his support for the campaign for Britain to remain in the EU.I thought it was time to make my feelings clear about the EU referendum vote. I know the EU is a profoundly flawed entity, but as I’ve been saying since David Cameron, demonstrating supreme cowardice, agreed to a referendum to placate UKIP and far right critics in his own party, the only way leaving the EU would be acceptable would be if we immediately had a socialist revolution — and that’s not going to happen. Instead, as former Greek finance minister Yanis Varoufakis has explained, we must reform it from within.

A leave vote will be a vote for the terrible racism and intolerance that has been ramped up as a result of the referendum, but that has been cynically promoted by the media and politicians for far too long. A leave vote is not only an unwise leap into the dark economically, but will legitimise the leadership ambitions of Boris Johnson, Michael Gove, Iain Duncan Smith and Nigel Farage — who are all disgraceful, self-seeking, deluded and/or sociopathic figures — and the racism, xenophobia and Islamophobia that they have been so shamefully promoting. In addition, please don’t think for a moment that I’m defending David Cameron and other ministers who are currently calling for us to remain in the EU, because they have criticised Europe relentlessly over the years, and have undertaken more than their fair share of immigrant-bashing and Islamophobia.

What depresses me profoundly is how, through self-delusion, as well as the encouragement of the media and politicians, far too many of my fellow citizens have concluded that immigration and the EU are the reasons they are feeling so put upon and isolated, when the truth is that everything they are complaining about is actually the fault of the bankers who caused the global crash in 2008, the politicians of all the main parties who have unquestioningly supported big business and the banks over the needs of the people, and the Tories (whether Leave or Remain supporters) who, since 2010, have presided over an “age of austerity” designed to cynically dismantle the British state in an unprecedented manner, which has involved punishing the poor, the unemployed and the disabled while further enriching those who are already well-off, and pandering relentlessly to the global super-rich. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer.
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