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President Trump’s Immigration Order, Annotated President Trump’s Immigration Order, Annotated
(35 minutes later)
WASHINGTON — President Trump on Friday afternoon enacted a sweeping executive order that suspended entry of all refugees to the United States for 120 days, barred Syrian refugees indefinitely, and blocked entry into the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. It also barred green card holders from those countries from re-entering the United States, the Department of Homeland Security said, though the administration said exemptions could be granted. WASHINGTON — President Trump on Friday afternoon approved a sweeping executive order that suspended entry of all refugees to the United States for 120 days, barred Syrian refugees indefinitely, and blocked entry into the United States for 90 days for citizens of seven predominantly Muslim countries: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. It also barred green card holders from those countries from re-entering the United States, the Department of Homeland Security said, though the administration said exemptions could be granted.
Here are some major excerpts from the executive order, with comments by The New York Times. The full text of the order is available here.Here are some major excerpts from the executive order, with comments by The New York Times. The full text of the order is available here.
Most of the 19 hijackers on the planes that crashed into the World Trade Center, the Pentagon and a field in Shanksville, Pa., were from Saudi Arabia. The rest were from the United Arab Emirates, Egypt and Lebanon. None of those countries are on Mr. Trump’s visa ban list.Most of the 19 hijackers on the planes that crashed into the World Trade Center, the Pentagon and a field in Shanksville, Pa., were from Saudi Arabia. The rest were from the United Arab Emirates, Egypt and Lebanon. None of those countries are on Mr. Trump’s visa ban list.
The nation’s founding principles, as reflected in the Declaration of Independence, included dissatisfaction with what were said to be overly restrictive immigration practices.The nation’s founding principles, as reflected in the Declaration of Independence, included dissatisfaction with what were said to be overly restrictive immigration practices.
“There is no statutory requirement that noncitizens entering the United States support the Constitution,” said Peter J. Spiro, a law professor at Temple University. “The executive order seems to suggest that even temporary visitors like tourists and students should support the U.S. Constitution, which doesn’t make a lot of sense.”“There is no statutory requirement that noncitizens entering the United States support the Constitution,” said Peter J. Spiro, a law professor at Temple University. “The executive order seems to suggest that even temporary visitors like tourists and students should support the U.S. Constitution, which doesn’t make a lot of sense.”
This provision is the key to the power Mr. Trump claims. It says: “Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”This provision is the key to the power Mr. Trump claims. It says: “Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
The provision “gives the president capacious authority to deny entry to any alien or class of aliens,” Professor Spiro said. “No court has ever reversed a presidential order under it.”The provision “gives the president capacious authority to deny entry to any alien or class of aliens,” Professor Spiro said. “No court has ever reversed a presidential order under it.”
But he added, “In terms of the number of prospective immigrants involved, this is by far the most significant use of the power by any president.”But he added, “In terms of the number of prospective immigrants involved, this is by far the most significant use of the power by any president.”
Some critics say the order runs afoul of a later law that bars discrimination “in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.”Some critics say the order runs afoul of a later law that bars discrimination “in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.”
The tension between the two laws has not been definitively resolved by the courts. Jennifer Chacon, a law professor at the University of California, Irvine, said that a challenge to the executive order based on the later law’s equal-protection principles was the most promising line of attack.The tension between the two laws has not been definitively resolved by the courts. Jennifer Chacon, a law professor at the University of California, Irvine, said that a challenge to the executive order based on the later law’s equal-protection principles was the most promising line of attack.
In an opinion article in The New York Times, David J. Bier, an immigration policy analyst at the Cato Institute, a libertarian group, said Mr. Trump had at least violated the spirit of the later law.In an opinion article in The New York Times, David J. Bier, an immigration policy analyst at the Cato Institute, a libertarian group, said Mr. Trump had at least violated the spirit of the later law.
“Even if courts do find wiggle room here, discretion can be taken too far,” Mr. Bier wrote. “If Mr. Trump can legally ban an entire region of the world, he would render Congress’s vision of unbiased legal immigration a dead letter.”“Even if courts do find wiggle room here, discretion can be taken too far,” Mr. Bier wrote. “If Mr. Trump can legally ban an entire region of the world, he would render Congress’s vision of unbiased legal immigration a dead letter.”
The countries are Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.The countries are Iraq, Syria, Iran, Sudan, Libya, Somalia and Yemen.
These exceptions are mostly for diplomats, people traveling to the United Nations in New York, and others involved in international organizations.These exceptions are mostly for diplomats, people traveling to the United Nations in New York, and others involved in international organizations.
The initial list may soon change and expand.The initial list may soon change and expand.
This provision suspends all admissions of refugees, not limited to the seven countries.This provision suspends all admissions of refugees, not limited to the seven countries.
As a general matter, this will give priority to Christian refugees over Muslim ones. Though framed in a neutral way, this part of the order may raise questions of religion-based discrimination. Mr. Trump has said that he means to favor Christian refugees.As a general matter, this will give priority to Christian refugees over Muslim ones. Though framed in a neutral way, this part of the order may raise questions of religion-based discrimination. Mr. Trump has said that he means to favor Christian refugees.
That violates the First Amendment’s ban on government establishment of religion, according to David Cole, the legal director of the American Civil Liberties Union. “One of the critical questions with respect to the validity of executive action challenged under the Establishment Clause is its intent and effect,” he wrote in a blog post. “If intended to disfavor a particular religion, it violates the Establishment Clause.”That violates the First Amendment’s ban on government establishment of religion, according to David Cole, the legal director of the American Civil Liberties Union. “One of the critical questions with respect to the validity of executive action challenged under the Establishment Clause is its intent and effect,” he wrote in a blog post. “If intended to disfavor a particular religion, it violates the Establishment Clause.”
This effectively expands the ban on immigrants from Syria.This effectively expands the ban on immigrants from Syria.
This cuts the cap on refugees in half.This cuts the cap on refugees in half.