Blog Archives

Muslim Travel Ban

7/23/2018

This is the second article in a short series that gives highlights and updates regarding hot button immigration issues.
Executive Order 13769

On January 27, 2017 United States President Donald Trump put into effect Executive Order 13769, “Protecting the Nation from Foreign Terrorist Entry into the United States”, better known as the Muslim Travel. The purpose of the order was to, “protect the American people from terrorist attacks by foreign nationals admitted to the United States”. This version of the travel ban then expired on March 16, 2017 (Trump).
Effects

Directed Secretary of Homeland Security, Secretary of State, and the Director of National Intelligence to suspend entry of Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for not meeting adjudication standards under US Immigration law for 90 days
Suspended the US Refugee Admissions Program for 120 days
Suspended the entry of Syrian refugees indefinitely
Number of admitted refugees into the U.S. in 2017 lowered to 50,000 (Trump)
700 travelers detained
Up to 60,000 visas were “provisionally revoked” (Hersher)
About 100 people held in airports January 27th and 28th of 2017

Challenges Against E.O. 13769

On January 28, 2017 New York’s American Civil Liberties (ACLU) files for a court order against E.O. 13769 and court grants on January 29 of 2017 ruling for the release of those held in airports (Gambino, Siddiqui, Owen, Helmore)
On January of 2017, after the enforcement of E.O. 13769, several protests took place in airports across the U.S. (After Supreme Court Ruling)
- Lawyers offer free legal assistance to those affected by E.O. 13769
Sunday January 29, 2017 Minnesota and Washington State, along with New York, Massachusetts, and Virginia sue U.S. federal government over E.O. 13769 to prevent continued enforcement of the Section 3(c) 90-day bar and the Section 5 refugee admissions bar the basis of religion and national origin discrimination (Walters)
- February 6, 2017 leaders of the tech world from Google, Facebook and Apple, in addition to the ACLU join in support of Minnesota and Washington
February 3, 2017 U.S. U.S. Federal District Judge James Robart issued a restraining order to immediately halt E.O. 13769 nationwide
- Same day, Hawaii files lawsuit asking court to block implementation of the executive order (McGraw)

Evolution of the Policy

Executive Order 13780
On March 6, 2017 Executive Order 13780 was issued, taking effect on March 16, 2017, superseded Executive Order 13769.
Effects

Restores original order’s 120-day suspension of the US Refugee Admissions Program
Restricts entry of Iran, Libya, Somalia, Sudan, and Yemen (Trump)

Changes

Entry restriction exempts Iraqi citizens and legal permanent residents and visa holders
Syrian refugees no longer banned indefinitely
Makes no provision for religious minorities
Secretaries of State and Homeland Security have authority to grant exemptions on a case-by-case waivers
Justice and Homeland Security departments must compile a list every six months of any foreign nationals who had they believe may cause “terror” and jeopardize civilians safety in the U.S. (Neuhauser)

Challenges Against E.O. 13780

On March 8, 2017 the state of Hawaii challenges E.O. 13780 on the basis of two conditions 1) it discriminates against Muslims and 2) it will negatively impact the state's tourism industry (McGraw)
- On March 13, 2017 Washington motioned to extend the preliminary injunction issued on E.O. 13769 to E.O. 13780 (Executive Order Entry Ban Litigation Updates)
- March 15, 2017 U.S. District Judge Derrick Watson issues temporary restraining order, preventing E.O. 13780 from taking effect the following day
- March 16, 2017 Maryland hands down a nationwide preliminary injunction on part of the executive order.
March 29, 2017 Hawaii State Attorney General Douglas Chin extends order blocking the travel ban (McGraw)
- Travel ban is largely blocked across the nation

Proclamation 9645
President issues Proclamation 9645 titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” on September 24, 2017. This sets an indefinite bar on Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia occurred.
Final Decision
United States Supreme Court ruled Proclamation 9645 constitutional on June 26, 2018 through a 5-4 decision on Trump v. Hawaii (Executive Order Entry Ban Litigation Update).
Effects/ Changes

As of June 26, 2018 Proclamation 9645 (Muslim Travel Ban) becomes law

Actions Against Proclamation 9645

On June 26, 2018 Justices Sonia Sotomayor and Ruth Bader Ginsburg write a dissent condemning the court's decision on the case Trump v. Hawaii.
- Included in the dissent are details of Trump’s comments such as his promise to enact a “total and complete shutdown of Muslims entering the United States,” and instructing one of his advisers to find a “legal[l]” way to enact a Muslim ban (Matthews).

Consequences

Through the U.S. Supreme Court ruling on Trump v. Hawaii Islamophobia and racism becomes institutionalized. This means that discrimination against Muslim people, as seen through E.O. 13769, 13780, and Proclamation 9645 is now officially established into the U.S. both legally and historically (Liptak & Shear)
- Furthers negative rhetoric such as, “the takeover of ‘Sharia law’ in America” and justifies U.S. violence against banned nations for being prone to “terror” (Islam)
Those largely affected through the changes of E.O. 13769 include college students, specifically foreign exchange students who may of been abroad or wish to travel, teachers/ professors invited to teach at universities, and families who may not be able to visit or see their loved ones (Fulwood III.).
- Waiver process is opaque and hinders people with significant medical needs (After Supreme Court Ruling)
Holders of green card and dual citizenship from banned nations are subject to interrogation at airports (Merica)

Remaining Avenues of Advocacy
After Supreme Court ruling on Trump v. Hawaii no more legal avenues remain and the travel ban is now the law of the land.
Now, the culture that falsely presents Muslim people as “dangerous”, as “terrorists”, as “a threat to U.S. sovereignty” must be changed. Actions taken to change the narrative that dehumanizes the Muslim community include standing up against hate, refusing to purchase or watch films that depict Muslim people as a threat, or by being a true ally to the Muslim community and support them in any capacity needed. Though we cannot change the law in the near future we can change the climate in our country that led to this policy (Islam). We encourage you to start the sometimes uncomfortable but necessary conversations and challenge Islamophobia and racism in your social circles.

*Look out for information on our social media about a dialogue event in Utah about the Muslim Ban happening early August 2018.

Bibliography
“After Supreme Court Ruling, How Does Trump’s Travel Ban Affect U.S. Immigration Policy?” PBS News Hour, www.pbs.org/newshour/show/after-supreme-court-ruling-how-does-trumps-travel-ban-affect-u-s-immigration-policy#audio.
“Executive Order Entry Ban Litigation Updates.” NAFSA, 26 June 2017, www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/Executive_Order_Entry_Ban_Litigation_Updates/.
Fulwood, Sam. “The Real Effect of Trump's Muslim Ban.” Center for American Progress, Center for American Progress, 9 Feb. 2017, www.americanprogress.org/issues/race/news/2017/02/09/414802/the-real-effect-of-trumps-muslim-ban/.
Gambino, Lauren, et al. “Thousands Protest against Trump Travel Ban in Cities and Airports Nationwide.” The Guardian, 29 Jan. 2017, www.theguardian.com/us-news/2017/jan/29/protest-trump-travel-ban-muslims-airports.
Hersher, Rebecca. “Federal Judge Stays Trump Travel Order, But Many Visas Already Revoked.” NPR, 3 Feb. 2017, www.npr.org/sections/thetwo-way/2017/02/03/513306413/state-department-says-fewer-than-60-000-visas-revoked-under-travel-order.
Islam, Namira. “An Anti-Muslim Narrative Has Shaped Policy for Decades. The Travel Ban Will Make It Worse.” Vox, 27 June 2018, www.vox.com/first-person/2018/6/27/17510560/travel-ban-muslim-trump-islamophobia.
Liptak, Adam, and Michael D. Shear. “Trump’s Travel Ban Is Upheld by Supreme Court.” New York Times, 26 June 2018, www.nytimes.com/2018/06/26/us/politics/supreme-court-trump-travel-ban.html.
Matthews, Dylan. “Read: Sonia Sotomayor Condemns Trump’s ‘Unrelenting Attack on the Muslim Religion and Its Follow Ers.’” Vox, 26 June 2018, www.vox.com/2018/6/26/17505906/sonia-sotomayor-dissent-travel-ban-muslim-trump-ginsburg.
McGraw, Meredith. “A Timeline of Trump's Immigration Executive Order and Legal Challenges.” ABC News, 29 June 2017, abcnews.go.com/Politics/timeline-president-trumps-immigration-executive-order-legal-challenges/story?id=45332741.
Merica, Dan. “How Trump's Travel Ban Affects Green Card Holders and Dual Citizens.” CNN Politics, 29 Jan. 2017, www.cnn.com/2017/01/29/politics/donald-trump-travel-ban-green-card-dual-citizens/index.html.
Neuhauser, Alan. “6 Differences Between the New and Old Travel Bans.” U.S. News, 6 Mar. 2017, www.usnews.com/news/national-news/articles/2017-03-06/6-differences-between-trumps-new-and-old-travel-bans.
United States, Congress, Executive Office, and Donald Trump. “Federal Register.” Federal Register, The White House, 27 Jan. 2017. www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states.
Trump, Donald. “Protecting the Nation From Foreign Terrorist Entry Into the United States.” Federal Register, 1 Feb. 2017, www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states.
Trump, Donald. “Protecting the Nation From Foreign Terrorist Entry Into the United States.” Federal Register, 9 Mar. 2017, www.federalregister.gov/documents/2017/03/09/2017-04837/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states.
Walters, Joanna. “Four States Sue Trump Administration over 'Un-American' Travel Ban.” The Guardian, 1 Feb. 2017, www.theguardian.com/us-news/2017/jan/31/trump-travel-ban-state-lawsuits.

Jessica RodriguezAdvocacy & Programming Intern at Racially Just Utah

0 Comments

2020 Census Citizenship Question Controversy

7/6/2018

0 Comments

This is the first article in a short series that gives highlights and updates regarding hot button immigration issues.

The Citizenship Question
On March 26, 2018 Secretary Wilbur Ross, who oversees the U.S. Census Bureau, announced the intention of adding a citizenship question on the 2020 census. His reasoning for this change is to root out violations of the Voters Rights Act by monitoring voter demographics.

Consequences

Immigrant communities, especially undocumented people, may not participate in the census, due to fear of their status being used against them or their families (The Times Editorial Board). This fear is not unwarranted:
- U.S. government provided the Secret Service with names and addresses of Japanese-Americans in the Washington D.C. area during World War II (Jordan)
- During Rhode Island’s dry run with the citizenship question in Providence on April 9, 2018 the Latinx population were reluctant to participate (Clark).
Significance of undercounting
- inaccurate political representation in the electoral college and seats in the House of Representatives
- misinformation regarding demographics
- Lack of federal resources/ funding that can affect schools and other public entities (Weiser & Wolf).

Resistance/ Responses Taking Place
Active Lawsuits

California, Colorado, Connecticut, Delaware, Illinois, Iowa, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington have filed suit, arguing that including the question is a violation of the United States Constitution, as it would result in not counting all people residing in the U.S., despite citizenship statues (The Editorial Board).
Attorney General Eric Schneiderman of New York announced he would lead a multistate legal challenge also on the basis of U.S. Constitutional violations of both the 14th Amendment and the Enumeration Clause
NAACP, contesting that the structure of 2020 census (inadequately funded, online format, and understaffing of team) will lead to a massive undercount of minitories (Freking)
ACLU, filing on behalf of five immigrants’ rights groups in Manhattan federal court arguing that the Department of Commerce committed statutory and constitutional violations (Quinn)

Non-legal Responses

A coalition of 19 attorney generals and the State of Colorado, urging the U.S. Department of Commerce (Attorney General Schneiderman).
Angelica Salas, executive director of the Coalition for Humane Immigrant Rights of Los Angeles, believes administration is purposely trying to erase the immigrant community by inducing fear,
- vows to mount a campaign to, “make sure that [the immigrant] community understands that they should participate [in the 2020 census]” (Jordan).

Avenues of Advocacy Remaining
There are still more actions that can be taken today to prevent having a citizenship question on the 2020 census. Some of those include:

Congress passing legislation to override decisions taken by the commerce department
The commerce department modifying its position, using the power it has under The Census Act, which puts in place the strongest protection that exists in federal law and those who violate the law are fined up to $5,000 and/ or are sentenced up to five years in prison
Ordinary community members advocating before congress and/or the Commerce Department, asking them through email, phone call, or citizen lobbying, to take actions towards not including the citizenship question.

And if at the end there is a citizenship question on the 2020 census individuals should:

Participate in the 2020 census, to ensure the accuracy of the census results.
Prepare to hold the U.S. Government accountable to the The Census Act, that protects participants of the census and their privacy.

Bibliography
The Times Editorial Board. “Asking for Citizenship Status Politicizes the Census and Imperils an Accurate Count.” Los Angeles TImes, 29 Mar. 2018, www.latimes.com/opinion/editorials/la-ed-census-citizenship-20180329-story.html.
“Attorney General Schneiderman To Lead Multistate Lawsuit To Preserve Fair And Accurate Census.” Attorney General Barbara D. Underwood, New York State Attorney General , 27 Mar. 2018, ag.ny.gov/press-release/attorney-general-schneiderman-lead-multistate-lawsuit-preserve-fair-and-accurate.
Clark, Dartunorro. “Trump Wants to Ask about Citizenship on the Census. Here's Why the U.S. Stopped in 1960.” NBC News, 17 Apr. 2018, www.nbcnews.com/politics/politics-news/trump-wants-ask-about-citizenship-census-here-s-why-u-n864246.
Freking, Kevin. “NAACP Files Lawsuit over 2020 Census.” PBS News Hour, 28 Mar. 2018, www.pbs.org/newshour/politics/naacp-files-lawsuit-over-2020-census.
Jordan , Miriam. “If Census Asks About Citizenship, Some Already Have an Answer: No Comment.” New York Times, 27 Mar. 2018, www.nytimes.com/2018/03/27/us/census-undocumented-immigrants.html.
Quinn, Melissa. “ACLU Sues Trump Administration over Census Citizenship Question.” Washington Examiner, 6 June 2018, www.washingtonexaminer.com/policy/courts/aclu-sues-trump-administration-over-census-citizenship-question.
Weiser, Wendy, and Thomas Wolf. “Why The Census Asking About Citizenship Is Such A Problem.” Huffington Post , 27 Mar. 2018, www.huffingtonpost.com/entry/opinion-weiser-wolf-census-citizenship_us_5aba6334e4b054d118e74f3f.

Jessica Rodriguez

Advocacy & Programming Intern at Racially Just Utah

0 Comments

Real Talk: Let's Talk About Race

Muslim Travel Ban

2020 Census Citizenship Question Controversy

Jessica Rodriguez

Author

Archives

Categories