Friday, June 2, 2017
Trump Should Win Travel Ban As It Is Similar To Previous Ones
The Supreme Court announced on Friday that it has set June 12 as the deadline for the challengers of President Donald Trump’s travel ban to file their responses.
On Thursday night, the Trump administration appealed a ruling of the 4th Circuit Court blocking implementation of the temporary travel ban as likely unconstitutional on the grounds of religious discrimination.
The 4th Circuit ruled Trump’s executive order contained “vague words of national security” but that its context “drips with religious intolerance, animus and discrimination.”
The court cited presidential candidate Trump’s statements calling for a full ban on Muslim immigration into the country as grounds for its findings.
“Then-candidate Trump’s campaign statements reveal that on numerous occasions he expressed anti-Muslim sentiment, and well as his intent, if elected, to ban Muslims from the United States,” the 4th Circuit wrote in its ruling.
Trump’s position on the matter changed during the course of the campaign from calling for a temporary ban on Muslims immigrating and traveling to the United States to later focusing on just those countries with known terrorist activities against the United States or its allies.
The president issued an executive order shortly after taking office which called for a temporary ban on immigration and travel from seven majority-Muslim countries, which the 9th Circuit blocked from being implemented in February.
On the basis of that ruling, the Trump administration issued an updated executive order, which would ban immigration and travel for 90 days from Iran, Libya, Somalia, Sudan, Syria and Yemen.
The Trump administration argued at the 4th Circuit that campaign rhetoric should not being taken into account in ruling on the legality of the order.
“The president is not required to admit people from countries that sponsor or shelter terrorism, until he determines that they can be properly vetted and do not pose a security risk to the United States,” Justice Department spokesperson Sarah Isgur Flores said.
Acting Solicitor General Jeffery Wall said the 4th Circuit “failed to adhere to foundational legal rules” in its ruling to halt the temporary travel ban.
“The Constitution and acts of Congress confer on the president broad authority to suspend or restrict the entry of aliens outside the United States when he deems it in the nation’s interest,” Wall said.
Trump has pointed to federal statute 8 U.S.C. 1182(f), which grants the president the power, for the period of time he deems necessary, to “suspend the entry of all aliens or any class of aliens as immigrants or non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate” on the basis of his determination their entry would be “detrimental to the national interest.”
What do you think? S