Donald Trump’s New Immigration Ban Is Still Unconstitutional, Barring Muslims From Six Countries Despite No Evidence That They Pose a Security Threat

"We are all immigrants": a protestor in Boston's Copley Square on January 29, 2017, after Donald Trump issued his first Muslim ban (Photo: NBC Boston).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.

 

Donald Trump’s alarming presidency began with a blizzard of disgraceful executive orders, of which the most prominent was the immigration ban preventing visitors from seven mainly Muslim countries — Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen — from coming to the US for a 90-day period. Refugees from these countries were banned for 120 days, and refugees from Syria were banned permanently. The ban was so chaotic that legal US residents — who had left the US for a vacation, for example, or on business —  were also banned, as were dual nationals, and, of course, it was unconstitutional because it was effectively a ban on Muslims, and, as David Cole, National Legal Director of the ACLU and professor at Georgetown University Law Center, has explained, as such it “violates the first principle of the Establishment Clause, which forbids the government from singling out particular religions for favor or disfavor (Larson v. Valente, 456 U.S. 228, 247 (1982)).”

Trump’s original executive order, which I wrote about in my article Trump’s Dystopian America: The Unforgivable First Ten Days, was almost immediately subjected to successful legal challenges, as I explained in my articles, Heroes of the Resistance: Judge James Robart, Who Has Suspended Donald Trump’s Unacceptable Immigration Ban, and Washington State AG Bob Ferguson (on February 5), As 9th Circuit Judges Uphold Stay on Donald Trump’s Disgraceful Immigration Ban, 29 Experts from The Constitution Project Condemn Spate of Executive Orders (on February 10) and Court Rules That Donald Trump’s Disgraceful Immigration Ban Discriminates Against Muslims (on February 14).

With some thought having gone into this revised executive order, some of the worst aspects of the original have been removed — an exception has been made for legal residents and dual nationals, and the ban on Iraq has also been lifted, because, as Aryeh Neier, president of the Open Society Institute from 1993-2012 and a founder of Human Rights Watch, explained in a Guardian column, “Apparently, officials of the administration persuaded the president that it is not a good idea to stigmatize Iraqis as terrorists at a time when Iraqi forces, with American assistance, are fighting to expel the Islamic State from Mosul.” Neier added, “Also, some of the most damaging publicity resulting from the previous version of the order involved the exclusion of Iraqis. Those detained by federal agents as they tried to enter the United States included Iraqis who had assisted US forces when they occupied the country after the 2003 invasion by acting as translators.” 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 and We Stand With Shaker. Also, photo-journalist (The State of London), and singer and songwriter (The Four Fathers).
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