Separating fact from sickening media fiction on Trump’s immigration executive order
“Any alien coming to this country must or ought to know, that this being an independent nation, it has all the rights concerning the removal of aliens which belong by the law of nations to any other; that while he remains in the country in the character of an alien, he can claim no other privilege than such as an alien is entitled to, and consequently, whatever risque he may incur in that capacity is incurred voluntarily, with the hope that in due time by his unexceptionable conduct, he may become a citizen of the United States.”~Justice James Iredell, 1799There is a lot of confusion swirling around the events that transpired this weekend as a result of Trump’s executive order on immigration. Make no mistake: every word of Trump’s executive order is in accordance with statute.
It’s important not to conflate political arguments with legal arguments, as many liberals and far too many “conservatives” on social media are doing. While the timing and coordination of implementing this order might have been poorly planned, we shouldn’t allow that to undermine the broader need to defend our sovereignty. For courts to violate years’ worth of precedent and steal our sovereignty should concern everyone.
What the order actually does
Among other things, the key provisions at the center of the existing controversy are as follows:
It shuts off the issuance of all new immigrant and non-immigrant visas for 30 days from the following seven volatile countries: Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen. Any non-citizen from those seven countries (not “all” Muslim countries) is excluded from entering the country during this time-period (which usually means they won’t be able to board a direct flight to America). After 90 days, the secretary of state and secretary of homeland security must submit a report to completely revamp the vetting process going forward.
Within 60 days, countries will have to submit any information that the administration determines necessary, pursuant to the findings of this report, in order to adjudicate a visa application and ensure they are properly vetted. Any country that fails to submit this information will not be able to send foreign nationals to our country. All the while, the ban can be extended and expanded at any time.
In addition, the entire refugee resettlement program is suspended for four months pending a complete investigation of the program and a plan to restructure it and prioritize those who are truly in danger of religious persecution. After 120 days, the program may resume, but only for those countries Secretaries Kelly and Tillerson determine do not pose a threat. The program from Syria is completely suspended until the president personally gives the green light.
[T]his was actually a judicious and cautious approach from Trump.
With regards to refugees and those who seek to enter from the seven countries temporarily excluded, the order gave discretion to the State Department and DHS to admit individuals on a case-by-case basis for important reasons, even during the temporary moratorium.