We Just Fully Blocked Muslim Ban 3.0!

Violet Powell
October 21, 2017

Trump's third attempt was supposed to take effect Wednesday, but two federal court judges temporarily blocked his executive order that imposed restrictions on eight countries, most them with Muslim majorities that have been targeted since his first executive order in January. "Under the new Maryland order, the third ban on entry can not apply to grandparents, grandchildren, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, and cousins of persons in the United States".

Chuang's ruling said the administration had "not shown that national security can not be maintained without an unprecedented eight-country travel ban". Trump v. Hawaii will likely face the same fate once the 120-day suspension of refugees entering the United States also expires next month.

In a statement, Omar Jadwat, director of the American Civil Liberties Union's Immigrants' Rights Project, which brought the case along with other civil rights groups, said the president's proclamation is still a Muslim ban at its core.

Watson ruled in July that "close familial relationships" must be considered to extend to in-laws and distant cousins, largely negating the the Supreme Court's decision and keeping the flow of travelers from the named countries going while the case waited to be decided. The Justices said that the president could not exclude those with family or organizational ties to persons or entities in the U.S. Watson issued a nationwide order blocking enforcement of travel restrictions on nationals of six Muslim-majority nations covered by the president's September 24 directive: Chad, Iran, Libya, Syria, Yemen and Somalia.

Watson and Chuang issued rulings last March blocking sections of Trump's March 6 executive order that banned travel to the United States by foreign nationals from six countries identified as being state sponsors of terrorism. Yet, it is impossible to specify inadequate entry procedures without designating the responsible and high risk countries. Unlike the Hawaii ruling, however, the decision by the Maryland judge is limited to individuals without bona fide connection to the United States. As such, the court actually allowed much of the order to be executed. Travel was restricted from the countries that failed to meet the new standards.

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Chuang seems to place a heavy burden on the administration to "prove the negative", or, in this case "prove you are not anti-Muslim". A judge in Seattle is also reviewing the measure.

Earlier versions of the ban didn't include North Korea, Venezuela or Chad, and foundered before judges who said they were aimed at people from majority-Muslim countries, partly fulfilling candidate Trump's calls to ban all Muslims. Then the Supreme Court rectified this judicial disorder. Just like its predecessors, Muslim Ban 3.0 violates the Constitution, federal statutes, and our bedrock values of religious neutrality and tolerance.

Here's the Supreme Court: The interest in preserving national security is "an urgent objective of the highest order".

Both judges did find that the challengers to the third order were likely to win their claim that the third version exceeded presidential power under federal immigration laws. It is not their job to correct policy blunders or to rescue us from policy failures. Indeed, such was Trump's brusque impassivity to the wording of the proposals that, asked by CBS News's Lesley Stahl if there would be a Muslim ban in a post-election interview, he responded: "Call it whatever you want".

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