ICYMI: Muslim Ban 3.0
It’s been a long couple of weeks… months? Here’s a story you may have missed in the meantime. On September 24th the Trump administration announced an updated Travel ban, yet another attempt to obscure the actual intent of the order. Here’s a quick(ish) recap of information:
Wait, I thought the Travel Ban was stopped…
It wasn’t. It was changed… sort of. The original ban was ordered a week after Trump’s inauguration. It prohibited the distribution of visas to citizens of 7 muslim majority countries. It was rushed to implementation, people protested and lawyers scrambled to help those stranded at airports, it was a wreck. There were injunctions filed and it’s implementation was halted almost as quickly as it had begun.
In March, the Trump Administration put out an updated travel ban. This iteration dropped Iraq from the list of countries excluded, changed some of the language that made it PAINFULLY OBVIOUS this was meant to be a Muslim Ban, and excluded current visa and green cardholders from the regulation. It was still remarkably terrible. It was also met with fierce resistance and preliminary injunctions by two federal appeals courts (the Fourth Circuit and Ninth Circuit).
The Supreme Court decided to hear arguments on the legality of the order and rescinded significant portions of the lower courts’ injunctions, allowing the order to go into effect. However, under the Supreme Court’s temporary order those with bona fide ties to the U.S. (family members of citizens, or those with relationships with U.S. companies, schools or organizations for example) are exempt from the visa ban and halt on refugees entering the country.
But for the most part, Donald Trump’s travel ban is in effect right now, today.
Travel Ban v1
Travel Ban v2
…So there’s a new new travel ban?
New is an interesting word, but sure let’s call this 3.0 — Better Packaging, Same Shitty Aftertaste. The current iteration adds North Korea, Venezuela (sort of), and Chad to the list of affected countries. It removes Sudan. Confused? Here’s a handy chart:
This one was clearly been reviewed by legal scholars and doesn’t go into effect until October 18th (the delay in implementation learned from the botched first order). Each iteration has become less blatantly obvious about being a Muslim ban, learning from the injunctions along the way. However, the restrictions on Venezuela (only select government officials are prohibited) and North Korea (which has few visitors to the U.S.) are more of a smoke screen than an actual expansion of any sort of “protection” of U.S. citizens from potential terrorists. Of the countries targeted by the ban, the practical impact would be most prevalent on the muslim-majority countries as it has always been.
Furthermore, including Chad on this list makes no sense. Chad is a key partner in antiterrorism efforts in the region and has been working closely with the US for more than a decade. If the impetus for this travel ban is limiting exposure to countries with an inability to provide adequate information about citizens and in particular terrorist threats to US officials, it seems like the inclusion of Chad is either stupid… or points to a WAY LARGER PROBLEM. With this administration, I’m going to go with stupid.
Travel Ban v3
What’s happening with the Supreme Court?
Forecast: bleak.
Oral arguments in the case were set to begin October 10th, but were pulled from the calendar after the reissuing of the ban in Sept. The Trump administration is pushing for the Supreme Court to dismiss the the cases all together.
The IRAP, ACLU, Hawaii, and others are urged justices to proceed, arguing that the changes in the ban do not truly rectify it’s original intent of systematically targeting a group of people based on religion.
On Tuesday, October 10, the Supreme Court dismissed one of the two challenges to the ban, vacating the lower court’s ruling. Trump v. IRAP was pretty focused on the legality of the 90-day suspension of entry by all travelers from the six muslim-majority countries in the March 6 EO. That provision “expired by its own terms” on September 24th.
Trump v. Hawaii (the second case) also challenged part of the March 6 order which suspended the admission of refugees to the US for 120-days. That provision will expire October 24th so SCOTUS may just be waiting to run out the clock.
Right now, we’re waiting and seeing… and starting the fight all over again.
You can follow #NOMUSLIMBANEVER for ways to add your voice. There will be a rally across from the White House on October 18th when Muslim Ban 3.0 goes into effect.
