The women’s march was only a week ago, and now thousands of protesters, such as the ones in Boston’s Copley Square above, have gathered in opposition to President Donald Trump’s (PDT) ban on Muslims coming into the United States. PDT’s order, written by white supremacist Steve Bannon, bars all refugees from entering the U.S. for 120 days and all Muslims from seven Middle East countries for 90 days. Although PDT staffer Reince Priebus denied on Meet the Press that the ban is also on legal U.S. residents who hold green cards, these people have also been retained. The order states that they will need a case-by-case waiver to enter the country. Especially notable about the order is that is poorly written and was not vetted by any legal members of the PDT administration.
Cardinal Blase J. Cupich, Archbishop of Chicago, called the ban “a dark moment in U.S. history,” citing the need for suffering people to save their lives by seeking refuge. Cupich wrote:
“The world is watching as we abandon our commitments to American values. These actions give aid and comfort to those who would destroy our way of life. They lower our estimation in the eyes of the many peoples who want to know America as a defender of human rights and religious liberty, not a nation that targets religious populations and then shuts its doors on them.”
PDT has denied that his ban has anything to do with religion:
“To be clear, this is not a Muslim ban, as the media is falsely reporting. This is not about religion.”
Yet PDT’s order clearly identifies that refugee claims are for “religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.” All seven countries’ majority religion is Islam; thus the ban clearly favors Christian refugees and violates the Establishment Clause in the First Amendment prohibiting one religion over another. Equal protection is also covered in the Fifth Amendment’s Due Process Clause. PDT is following his campaign promise of calling for “a total and complete shutdown of Muslims entering the United States” and his admission that he would pretend the ban would be a neutral immigration restriction. Another argument for overturning PDT’s ban is the violation of a federal law forbidding discrimination based on national origin in the immigration system.
Within the first 23 hours of the ban, at least 375 people were impacted before U.S. District Court judge Ann M. Donnelly of Brooklyn issued an emergency order last night, halting the deportations. The ACLU filed a lawsuit on behalf of those banned, which Donnelly said is likely to succeed when a full trial is held in several weeks. Several other federal courts also issued similar stays. Rulings in four other cities are limited to those already at U.S. airports or in transit, not to the legality of PDT’s ban.
A federal judge ordered the DHS to allow an Iranian man holding a U.S. visa to return to California from Dubai where he was awaiting removal to Iran. Judge Dolly Gee found that PDT’s ban “violates the Establishment Clause, the Immigration and Nationality Act, and his rights to Equal Protection guaranteed by the United States Constitution.”
Yet many people are still in airport detention. After issuing the ban, PDT provided no guidance to airports or airlines about actions, other than confirming that the ban will not be lifted. Canadian Prime Minister has offered to take any refugees holding green cards who are banned in the U.S.
PDT counselor Kellyanne Conway, promoter of PDT’s “alternative facts” on Meet the Press a week ago, hid on the Fox network today and still had a meltdown about the horrible press that prints information about the new president. Describing reporters, she said:
“We turn the other cheek. If you are part of team Trump, you walk around with these gaping, seeping wounds every single day…. I’m here every Sunday morning. I haven’t slept in a month.”
[Turn the other cheek? Gaping wounds? A comparison to Jesus?]
Conway was fortunate in her interview: Chris Wallace failed to point out that the ban most likely violates international treaties, federal statutes, and the U.S. Constitution. Yet she couldn’t even handle that situation.
Arguments from the PDT team are that the ban promotes safety at the cost of a small convenience. But bans on the basis of nationality or religion can be disastrous to national security. It can undermine efforts of security agencies and erode relationships necessary to fight terror. Iran has already accused Congress of violating its agreement after lawmakers put new sanctions on the country last month. The ban will accelerate hostilities in a fragile relationship: Iran’s Foreign Ministry has called PDT’s order “an insult to the Islamic world, and especially to the great nation of Iran.” According to the statement:
“The decision of the Government of the United States incorporates certain requests that are illegal, illogical, and contrary to international law. The Islamic Republic of Iran will carefully examine and legally pursue any negligence or violation of the international obligations of the United States under bilateral and multilateral agreements and reserves the right to respond as necessary.”
A Bipartisan Policy Center report pointed out that the result can be reciprocal bans against U.S. citizens and commerce, costing the nation billions of dollars and thousands of jobs. The Iraqi parliament is already contemplating a block on visas for people from the U.S. who want to travel to the country.
Ohio GOP Gov. John Kasich called the immigration “ham-handed” because it “sowed so much confusion” among international travelers and “sent a message that somehow the United States was looking sideways at Muslims.” He added, “In probably many Arab capitals today, people are like, ‘What is America doing?’ ”
Showing that public outcry can be effective, Homeland Security Secretary John F. Kelly issued a blanket waiver to immigrants holding green cards or entitled to permanent residence in the U.S., allowing them to enter the country, despite President Trump’s new executive order. But the damage to the nation’s reputation is already done. There’s no going back. World War III, anyone?