Will President Trump's travel ban be struck down again? | The Tylt
Will President Trump's travel ban be struck down again?
The ACLU released a statement from Director of ACLU's Immigrants' Rights Project Omar Jadwat in response to the new executive order.
“The Trump administration has conceded that its original Muslim ban was indefensible. Unfortunately, it has replaced it with a scaled-back version that shares the same fatal flaws. The only way to actually fix the Muslim ban is not to have a Muslim ban. Instead, President Trump has recommitted himself to religious discrimination, and he can expect continued disapproval from both the courts and the people.
“What's more, the changes the Trump administration has made, and everything we've learned since the original ban rolled out, completely undermine the bogus national security justifications the president has tried to hide behind and only strengthen the case against his unconstitutional executive orders.”
In a fact sheet released by the Department of Homeland security, the Trump Administration claims the travel ban is necessary to save American lives and prevent "criminal infiltration by foreign nationals," despite Homeland Security reportingthe opposite just weeks ago.
The U.S. Government must ensure that those entering this country will not harm the American people after entering, and that they do not bear malicious intent toward the United States and its people. The Executive Order, together with the Presidential Memorandum, protects the United States from countries compromised by terrorism and ensures a more rigorous vetting process. This Executive Order ensures that we have a functional immigration system that safeguards our national security
The White House says the revised executive order falls well within the power of the President as defined by Congress in section 212(f) of the INA. However, the first time around, the courts held that section 212(f) of the INA did not allow for the President to discriminate on the basis of ideology—and said the ban was an overreach of power. The White House says the new order addresses this issue.
The Congress provided the President of the United States, in section 212(f) of the Immigration and Nationality Act (INA), with the authority to suspend the entry of any class of aliens the President deems detrimental to the national interest. This authority has been exercised repeatedly for decades, and has been a component of immigration law since the enactment of the original INA in 1952.