Trump’s Immigration Ban Is Wrong, Counterproductive, Unnecessary, And Possibly Illegal

Donald Trump’s first week in office showed that we definitely need extreme vetting for presidential candidates, not immigrants. Trump’s immigration ban is already creating considerable harm to many people, as The New York Times reported:

President Trump’s executive order on immigration quickly reverberated through the United States and across the globe on Saturday, slamming the border shut for an Iranian scientist headed to a lab in Boston, an Iraqi who had worked as an interpreter for the United States Army, and a Syrian refugee family headed to a new life in Ohio, among countless others.

Around the nation, security officers at major international gateways had new rules to follow. Humanitarian organizations scrambled to cancel long-planned programs, delivering the bad news to families who were about to travel. Refugees who were airborne on flights when the order was signed were detained at airports.

Reports rapidly surfaced Saturday morning of students attending American universities who were blocked from getting back into the United States from visits abroad. One student said in a Twitter post that he would be unable to study at Yale. Another who attends the Massachusetts Institute of Technology was refused permission to board a plane. Stanford University was reportedly working to help a Sudanese student return to California.

Human rights groups reported that legal permanent residents of the United States who hold green cards were being stopped in foreign airports as they sought to return from funerals, vacations or study abroad — a clear indication that Mr. Trump’s directive is being applied broadly.

This ban includes people with green cards who are legally U.S. residents.

These regulations are also unnecessary and counterproductive. This plays into arguments from ISIS that the United States is engaging in a war on Islam, and (like drone attacks) will likely help recruit future terrorists. Vox pointed out that the ban is not even directed towards the countries which have posed the greatest threat. The ban does exclude countries where Trump has done business. Besides, The United States already had a strict, and lengthy, vetting process for immigrants. PolitiFact wrote in 2015:

Before a refugee even faces U.S. vetting, he or she must first clear an eligibility hurdle. The United Nations High Commissioner for Refugees — or occasionally a U.S. embassy or another NGO — determines which refugees (about 1 percent) should be resettled through its own process, which can take four to 10 months.

As we noted in a previous fact-check, once a case is referred from the UNHCR to the United States, a refugee undergoes a security clearance check that could take several rounds, an in-person interview, approval by the Department of Homeland Security, medical screening, a match with a sponsor agency, “cultural orientation” classes, and one final security clearance. This all happens before a refugee ever gets onto American soil…

For refugees from Syria and similar countries, however, the process can span two years, a spokesperson for the State Department told the Voice of America in September. Experts confirmed that two years is the average review duration for Syrian refugees, which means that some wait even longer…

The length and thoroughness of the U.S. vetting system sets it apart from the “chaotic, dangerous process” for refugees fleeing into Europe by sea, said Geoffrey Mock, the Syrian country specialist for Amnesty International USA. Refugees enter European countries as asylum seekers and are granted access into the country without a thorough vetting from the UN. Scrutiny comes later.

“No vetting process can make guarantees, but the population identified by the UN and vetted by both organizations has worked successfully in alleviating crises in dozens of other countries, including Iraq, the Democratic Republic of Congo, Somalia and the Central African Republic,” Mock said. “There’s no reason to believe Syria will be any different.”

In other words, the process for admitting a Syrian asylum seeker into France is much simpler than the process for resettling a Syrian refugee into the United States.

“The U.S. refugee program is incredibly controlled. You can be 99.9 percent sure that guy wouldn’t have gotten here,” Limón said. “I understand the kneejerk reaction but you’re painting a very broad brush stroke. Refugees, by definition, are fleeing terrorism. What happened in Paris, they’ve experienced. They’ve seen family members slaughtered and their houses burnt and they’re running for their lives.”

There are questions as to whether this is even legal. David Bier of the Cato Institute wrote in The New York Times:

More than 50 years ago, Congress outlawed such discrimination against immigrants based on national origin.

…Mr. Trump asserts that he still has the power to discriminate, pointing to a 1952 law that allows the president the ability to “suspend the entry” of “any class of aliens” that he finds are detrimental to the interest of the United States.

But the president ignores the fact that Congress then restricted this power in 1965, stating plainly that no person could be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” The only exceptions are those provided for by Congress (such as the preference for Cuban asylum seekers)…

While courts rarely interfere in immigration matters, they have affirmed the discrimination ban. In the 1990s, for example, the government created a policy that required Vietnamese who had fled to Hong Kong to return to Vietnam if they wanted to apply for United States immigrant visas, hwile it allowed applicants from other countries to apply for visas wherever they wanted. A federal appeals court blocked the policy.

The Guardian also questions if this is constitutional:

Legal scholars have been divided for months about whether Trump’s proposals would hold under the constitution. Congress and the White House share authority to decide eligibility for citizenship and entry into the country, and the supreme court has never directly confronted whether religion could stand as a valid reason to exclude some people over others. Trump’s orders do not explicitly name Islam but clearly target Muslim-majority countries, meaning it could test the constitution’s guarantees of religion and due process, as well as the president’s authority over immigration in general.

Subsequently Trump has said that “Christians will be given priority over other refugees seeking to enter the United States,” making this look even more clearly like an act based upon religion.

Whether or not Trump’s actions are legal or Constitutional, they are certainly morally wrong, as well as counterproductive.

Update: Federal judge rules against Trump’s refugee ban.

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