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User:Awilley/Trump travel ban

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This page is about the travel restrictions placed by US President Donald Trump. For the executive order signed in January 2017, see Executive Order 13769. For executive order signed in March 2017, see Executive Order 13780.

In 2017 Donald Trump signed two executive orders titled "Protecting the Nation from Foreign Terrorist Entry into the United States" that temporarily prevented the United States from accepting refugees and immigrants from several predominantly Muslim countries. The first executive order, signed on January 27, 2017, resulted in the detention of hundreds of travelers at airports[1] and the revocation of approximately 60,000 visas.[2] On February 9, 2017, a temporary restraining order was issued in Washington v. Trump that blocked major portions of the executive order. The ruling was upheld by the United States Court of Appeals for the Ninth Circuit on February 9, 2017. Consequently, the Department of Homeland Security stopped enforcing portions of the order and the State Department re-validated visas that had been previously revoked.

On March 6, 2017, Trump signed the second executive order, slightly different from the first, including a provision to delay implementation for 10 days. On March 15, one day before the order would have taken effect, United States District Courts in Hawaii and Maryland blocked the provision that restricted immigration.

Campaign proposals

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During his 2015–2016 presidential campaign Donald Trump proposed a temporary ban on foreign Muslims entering the United States.[3][4][5][6] In December 2016, in response to the 2015 San Bernardino shooting, Trump released a statement on "Preventing Muslim Immigration" and called for "a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on".[7] In a December 2015 interview, the host Willie Geist repeatedly questioned Trump if airline representatives, customs agents or border guards would ask a person's religion. Trump responded that they would and if the person said they were Muslim, they will be denied entry into the country.[8]

Trump cited President Franklin Delano Roosevelt's use during World War II of the Alien and Sedition Acts to issue presidential proclamations for rounding up, holding, and deporting German, Japanese, and Italian alien immigrants, and noted that Roosevelt was highly respected and had highways named after him.[9][10][11][12] Trump stated that he did not agree with Roosevelt's internment of Japanese Americans, and clarified that the proposal would not apply to Muslims who were U.S. citizens or to Muslims who were serving in the U.S. military.[13][14]

Trump later modified his position on Muslims. In May 2016 he said that his proposed ban was "just a suggestion", and in June he stated that the temporary ban would apply to people originating from countries with a proven history of terrorism against the United States or its allies.[15][16] He also said that it "wouldn't bother me" if Muslims from Scotland entered the United States.[17] Trump later referred to the reformulation as "extreme vetting".[18] However, when asked in July 2016 about his proposal to restrict immigration from areas with high levels of terrorism, Trump insisted that it was not a "rollback" of his initial proposal to ban all Muslim immigrants.[19] He said, "In fact, you could say it's an expansion. I'm looking now at territory."[19]

On August 15, 2016, Trump suggested that "extreme views" would be grounds to be thrown out of the U.S., saying he would deport Seddique Mateen, the father of Omar Mateen (the gunman in the 2016 Orlando nightclub shooting), who has expressed support for the Taliban.[20][21][22] On 31 August, during a speech in Phoenix, Trump said he would form a commission to study which regions or countries he would suspend immigration from, noting that Syria and Libya would be high on that list.[23][24][25]

In July 2016, NBC News characterized Trump's position as: "Ban all Muslims, and maybe other people from countries with a history of terrorism, but just don't say 'Muslims'."[26] In 2017 Rudy Giuliani said on Fox News that Trump tasked him to craft a "Muslim ban" and asked Giuliani to form a committee to show him "the right way to do it legally".Cite error: A <ref> tag is missing the closing </ref> (see the help page). According to Giuliani the committee dropped the religious basis and instead focused on regions where there was "evidence that people are sending terrorists" to the United States.

Executive Order 13769

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Main article: Executive Order 13769

On January 27, 2017, Donald Trump signed Exectutive Order 13769, titled "Protecting the Nation from Foreign Terrorist Entry into the United States". The order effectively in effect, reduced the number of refugees to be admitted into the United States in 2017 to 50,000, suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, suspended the entry of Syrian refugees indefinitely, directed some cabinet secretaries to suspend entry of those whose countries do not meet adjudication standards under U.S. immigration law, and included exceptions on a case-by-case basis. Homeland Security lists these countries as Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen.[27]

Immediately, there were numerous protests and legal challenges. A nationwide temporary restraining order (TRO) was issued on February 3, 2017 in the case Washington v. Trump, which was upheld by the United States Court of Appeals for the Ninth Circuit on February 9, 2017. Consequently, the Department of Homeland Security (DHS) stopped enforcing portions of the order and the State Department re-validated visas that had been previously revoked. The order was criticized by members of Congress from both parties, universities, business leaders, Catholic bishops, top United Nations officials, a group of 40 Nobel laureates, Jewish organizations, 1,000 U.S. diplomats who signed a dissent cable, thousands of academics, and longstanding U.S. allies. The order was criticized because it was seen by many as a "Muslim ban" and because of its human impact on travelers and visa holders. More than 700 travelers were detained[28] and up to 60,000 visas were "provisionally revoked".

Executive Order 13780

[edit]
Main article: Executive Order 13780

On March 6, 2017, Trump signed the identically titled Executive Order 13780, which revoked and replaced Executive Order 13769, and placed similar travel restrictions on certain countries. However, it removed Iraq from the list of banned countries, included a phase-in period of 10 days, and no longer banned Syrian refugees indefinitely.

On March 15, 2017 Judge Derrick Watson of the United States District Court for the District of Hawaii issued a temporary restraining order enjoining the government from enforcing several key provisions of the order (Sections 2 and 6). By taking into account evidence beyond the words of the executive order itself, the judge reasoned the executive order was likely motivated by anti-Muslim sentiment and thus breached the Establishment Clause of the United States Constitution. On the same date, Judge Theodore Chuang of the United States District Court for the District of Maryland reached a similar conclusion (enjoining Section 2(c) only). The Department of Justice stated that it "will continue to defend [the] Executive Order in the courts".[29]

References

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  1. ^ Ron Nixon (January 31, 2017). "More People Were Affected by Travel Ban Than Trump Initially Said". New York Times.
  2. ^ Caldwell, Alicia A. (February 3, 2017). "State Says Fewer Than 60,000 Visas Revoked Under Order". ABC News. The Associated Press. Retrieved 2017-02-03.
  3. ^ Amanda Holpuch (January 4, 2016). "Trump re-ups controversial Muslim ban and Mexico wall in first campaign ad". The Guardian.
  4. ^ Scott, Eugene. "Trump: My Muslim friends don't support my immigration ban", CNN (December 13, 2015).
  5. ^ "Voters Like Trump's Proposed Muslim Ban", Rasmussen Reports. Retrieved December 18, 2015.
  6. ^ Barro, Josh. "How Unpopular Is Trump's Muslim Ban? Depends How You Ask", The New York Times (December 15, 2015).
  7. ^ Johnson, Jenna (December 7, 2015). "Trump calls for 'total and complete shutdown of Muslims entering the United States". The Washington Post.
  8. ^ "Donald Trump explains how his ban on Muslims entering the U.S. would work". The Washington Post. Retrieved July 31, 2016.
  9. ^ Morning Joe, MSNBC, August 12, 2015.
  10. ^ "Did a CNN Commentator Provide Donald Trump with a Defense of his Proposed Muslim Ban?" Erik Wemple, The Washington Post, August 12, 2015
  11. ^ Similar to Presidential Proclamations 2525, 2526, and 2527:
  12. ^ "ADL compares Trump's anti-Muslim proposal to persecution of Jews". Haaretz. December 7, 2015. Retrieved December 7, 2015.
  13. ^ Ben Kamisar (July 12, 2015). "Trump calls for 'shutdown' of Muslims entering US". The Hill.
  14. ^ "Trump's plan would block all Muslims from entering the United States, with an exception for U.S. citizens who are Muslim, who would come and go as they wish.... 'If a person is a Muslim, goes overseas and comes back, they can come back. They're a citizen. That's different,' Trump said." "Donald Trump Stands by Barring Muslims Despite Bipartisan Criticism", John Santucci, ABC News, December 8, 2015.
  15. ^ Detrow, Scott. Trump Calls To Ban Immigration From Countries With 'Proven History Of Terrorism', NPR (June 13, 2016)
  16. ^ Rappeport, Alan; Haberman, Maggie (June 29, 2016). "How Donald Trump Keeps Changing His Mind on Abortion, Torture and Banning Muslims". The New York Times. ISSN 0362-4331. Retrieved June 29, 2016.
  17. ^ Faulders, Katherine (June 25, 2016). "Trump Shifts Muslim Ban to Focus on Only 'Terrorist' Nations". ABC News. Retrieved July 18, 2016.
  18. ^ Blake, Aaron (September 15, 2016). "Donald Trump just completely undercut his own Muslim ban alternative". The Washington Post.
  19. ^ a b "Trump: I'm Running Against Clinton, Not 'Rest of the World'". Retrieved July 24, 2016.
  20. ^ "Campaign 2016 updates: Americans didn't worry this much about nuclear weapons post Cold War — then came Trump". Los Angeles Times. ISSN 0458-3035. Retrieved August 18, 2016.
  21. ^ "Trump Says Fight Against ISIS Could Require Racial Profiling". New York.
  22. ^ "Father of Pulse nightclub shooter backing Hillary Clinton". New York Daily News. Retrieved August 15, 2016. On August 31, 2016 Trump gave a speech
  23. ^ Costa, Robert; Partlow, Joshua; DeYoung, Karen (August 30, 2016). "Trump to meet in Mexico with the country's president". Retrieved February 5, 2016.
  24. ^ Trump, Donald (August 31, 2016). Presidential Candidate Donald Trump Remarks on Immigration Policy (Speech). C-SPAN. Event occurs at 56:42.
  25. ^ Stephenson, Emily (August 31, 2016). "Trump returns to hardline position on illegal immigration". Phoenix: YahooNews – via Reuters.
  26. ^ Cite error: The named reference AFullList was invoked but never defined (see the help page).
  27. ^ Executive Order 13769 of January 27, 2017: Protecting the Nation From Foreign Terrorist Entry Into the United States. Executive Office of the President. 82 FR 8977–8982. Published: February 1, 2017.
  28. ^ Cite error: The named reference :5 was invoked but never defined (see the help page).
  29. ^ Gonzales, Richard (15 March 2017). "Trump Travel Ban Blocked Nationwide By Federal Judges In Hawaii, Maryland". National Public Radio. Retrieved 16 March 2017.
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