Trump’s Travel Ban 2.0 Blocked
President Trump issued an executive order Mar. 6 revising the original travel ban he had approved in January, shortly after he took office. The original order sparked massive protests at airports across the country. It was eventually blocked by federal courts.
The new ban is narrower in scope. The order bars entry from six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days. Some refugees are banned from entry for 120 days. The original order banned entry from seven countries; Iraq was originally on the list.
At first, Syrian refugees were permanently barred from entry. Though the new order does not signal out refugees from Syria, the administration has lowered the cap of refugees admitted from 110,000 under President Barack Obama to 50,000.
Iraq was lifted from the ban after lobbying from the Pentagon. The Department of Defense warned that barring Iraqis from entry could undermine efforts to quell ISIS in country.
The administration also softened its stance regarding legal residents. Whereas under the original ban green-card holders were denied entry into the United States, under the new ban, those with valid visas can enter the country. Also, refugees whose entry into the United States had already been approved are no longer barred.
The administration hoped the order would survive challenges in court, however; a federal judge in Hawaii has issued a temporary restraining order against parts of the new ban.
U.S. District Judge Derrick K. Watson argued that the president’s comments and those of his advisers are evidence that the ban is discriminatory against Muslims.
“A reasonable, objective observer — enlightened by the specific historical context, contemporaneous public statements, and specific sequence of events leading to its issuance — would conclude that the Executive Order was issued with a purpose to disfavor a particular religion,” Watson wrote in a 43-page opinion.
A federal judge in Maryland also issued a halt on the executive order, though narrower in scope. U.S. District Judge Theodore D. Chuang pointed to comments made by Trump and his advisers as justification for the injunction.
“These statements, which include explicit, direct statements of President Trump’s animus toward Muslims and intention to impose a ban on Muslims entering the United States, present a convincing case that the First Executive Order was issued to accomplish, as nearly as possible, President Trump’s promised Muslim ban,” Chuang wrote.
Judge Chuang’s ruling only suspends the portion of the order that stops the issuance of visas to citizens of the six Muslim-majority countries targeted in the ban.
The president expressed his frustration towards the injunctions at a rally Mar. 15 in Nashville. He called the ruling “terrible” and indicated that it was done for political reasons. Both judges were appointed by his predecessor, Barack Obama.
“Let me tell you something, I think we ought to go back to the first one and go all the way,” Trump said. “The danger is clear, the law is clear, the need for my executive order is clear.”
The administration requested a motion asking Judge Watson to limit his ruling. However, Sunday, Mar. 19, the judge rejected the motion.
The ruling clears the way for the president to appeal to the 9th Circuit Court of Appeals. The 9th Circuit previously blocked the original travel ban, forcing the administration to revise the order and unveil the current ban.
The administration is already appealing the ruling made by Judge Chuang of Maryland. That appeal will go before the 4th Circuit Court of Appeals.