Muslim Travel Ban

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