Executive Order 13769
The Executive Order 13769 (often called Muslim (travel) ban , travel ban and immigration ban called) was a decree of the US president Donald Trump on January 27, 2017 the citizens of seven majority Muslim for 90 days States, refugees 120 days and refugees from Syria were permanently banned from entering the USA .
Widespread public protests and several legal complaints were brought against the decree. Federal judges suspended various individual provisions of the decree by February 2, 2017 . On February 3, 2017, a federal judge ordered all entry bans in the decree to be temporarily suspended nationwide. The three judges of an appellate court upheld the judgment on February 9, 2017. Trump first announced further appeals against it, then a new version of the decree. Trump repealed and replaced the decree on March 16, 2017 with Executive Order 13780 . On September 24, 2017, the travel ban came into its third version by being further amended by Presidential Proclamation 9645 .
Emergence
Stephen Bannon has been working as a campaign assistant on the Breitbart News Network since 2015 and introduced him to the ideas of his alt-right movement with a series of interviews . This represents the ideology of white supremacy , sees the “Judeo-Christian” West in the culture war with an expansionist Islamism and therefore rejects immigration and trade agreements as “ globalism ”. In an interview in November 2015, Bannon strictly rejected US President Barack Obama's plan to take Syrian refugees into the United States and also demanded that refugees not be allowed into the country in the first place. Checking them after their arrival is too expensive and time-consuming. He suggested that all immigration to the USA be banned for a few years, thus initiating a departure from globalism. Since Bannon was given a leading role in Trump's advisory team in August 2016, Trump's decrees are interpreted as the implementation of these ideas.
On December 7, 2015, five days after the terrorist attack in San Bernardino , Trump campaigned for a complete ban on Muslims from entering the US for an indefinite period so that government officials could find out "what is going on". He justified this with terrorist attacks perpetrated by Muslim citizens in the USA and with an alleged hatred of Americans by large sections of the domestic and foreign Muslim population. For the same reason, he had previously requested surveillance of US mosques and registration of US Muslim citizens. According to his campaign manager, the entry ban should apply to both Muslims willing to immigrate and Muslims with a tourist visa.
Trump's demand met with approval from his supporters, but from opponents and also leading Republicans with strict rejection. Mike Pence , Trump's candidate for the office of vice president , called an entry ban for Muslims "unconstitutional and offensive". For Paul Ryan , Republican spokesman for the House of Representatives , Trump's demand was “contrary to America's values” and “not serving the interests of the US”.
Trump reacted to the criticism and changed his demand several times during the 2016 election campaign: "Exceptions" had to be allowed (May 11), the ban had to be "always flexible" (May 13), it was just a "proposal" that had not yet been implemented ( May 16), it is only valid for a limited period until “these people” can be perfectly screened, it applies to “people from Syria” and to “certain areas” that have a “proven history of terrorism against the USA and its allies” (June 13th). He denied that this restricted his original claim; the reference to territories instead of Muslims should be seen more as an extension of the ban (July 24). When asked, he excluded Great Britain, where there had also been terrorist attacks against US citizens (July 25).
By contrast, Trump claimed after the announcement of his decree on January 27, 2017 in the Christian Broadcasting Network (CBN): If you were a Muslim you could come in, but if you were a Christian, it was almost impossible ... ("If you were a Muslim, you could come in, but if you were a Christian it was almost impossible ”). According to the Pew Research Center , however, the US took in almost as many Christian as Muslim refugees in 2016.
The decree was drafted by Bannon and policy advisor Stephen Miller without seeking legal advice from the government agencies involved. The Department of Justice , Secretary of Homeland Security John F. Kelly , Secretary of Defense James N. Mattis, and Secretary-of-State- elect Rex Tillerson did not learn the wording of the decree until shortly before or when it was signed. Mattis and Tillerson in particular are said to have been alienated and amazed by their employees. Even leading secret service representatives and Republicans in the US Congress said they were not consulted beforehand, were not involved in the formulation and were not informed about the manner of execution. They contradicted statements by government spokesman Sean Spicer that appropriate committees and offices of Congress had been consulted. Senator Bob Corker ( Senate Foreign Relations Committee ) said he only found out about the decree through the media. The Justice Department's Office of Legal Counsel contradicted Trump's statement that it approved the decree: his audit assignment was limited to correct wording and did not include political issues.
January 27, on which the decree was publicly signed, is International Holocaust Remembrance Day .
content
According to Sections 1 and 2, the purpose of the decree is to protect US citizens from terrorist attacks by foreigners. Despite the tightening since September 11, 2001 , people who entered the country with visitor, student or work visas or as refugees carried out numerous attacks in the USA.
Section 3 concludes: The relevant ministries should obtain and review the information required for entry permits for citizens of states of special concern and report it to the US President within 30 days. To this end, he (Trump) is suspending entry for citizens of such states for 90 days from the date of the decree. This excludes foreigners with visas for diplomats, NATO , the UN and G-1 to G-4 visas (employees of international organizations). Afterwards, he would ban entry from those states that by then would not provide any information about their citizens who are willing to enter. Irrespective of this, the responsible ministers should approve exceptions to this entry ban after examining each individual case.
The Ministry of Homeland Security named Iraq , Iran , Yemen , Libya , Somalia , Syria and Sudan as the intended states . However, none of its citizens had carried out a terrorist attack in the United States after 2001.
The decree also ordered that uniform verification criteria and questionnaires be established for all immigration programs in the USA in order to rule out pretended identities and intentions of applicants for entry (Section 4). The US refugee admission program for 2017 should be reorganized and suspended for 120 days in order to establish additional procedures for the exclusion of threats to national security (Section 5a). At the same time, the ministries should give preference to members of religiously persecuted minorities and propose corresponding changes to the law (5b). (According to many, this primarily refers to Christians in states with a Muslim majority.) The entry of Syrian refugees is to be suspended for an indefinite period (5c), and the admission of refugees is to be limited to 50,000 in 2017. (Under Obama, the US admitted 85,000 refugees in 2016 and allowed 110,000 admission in 2017.) Sections 6-10 cover procedures, reporting to Trump, and information to the public about expulsions, radicalization, and gender-based violence among immigrants (about " honor killings ").
Affected
In 2017, around 500,000 people from the affected states lived in the USA. In the event of their departure, according to the ProPublica organization, they would have great problems re-entering the USA because of the decree.
A representative from the Department of Homeland Security said that as of January 28, approximately 375 travelers were directly affected by the decree. 109 had been detained in the transit zones of US airports and prevented from entering and 173 people had been prevented from boarding a plane to the USA. The New York court ruling released people in the transit zones.
At airports around the world there was a lack of clarity about how the decree should be implemented. Even people from the affected states who had a green card were temporarily no longer able to enter the USA. The White House revised this until January 30, 2017. The original inclusion of green card holders in the entry ban had been carried out against internal advice. After an internal debate, the Department of Homeland Security decided not to prohibit green card holders from flying to the USA, but to subject them to a further case-by-case check on their arrival in the USA. In contradiction to this, the airlines were informed by January 30th that green card holders were not affected by the decree.
According to the International Air Transport Association (IATA), aircraft crews arriving from Iran and Iraq were no longer allowed into the USA a few days after the decree came into force. The US Customs and Border Protection Agency informed IATA at very short notice. Some airlines had to change their crews and could no longer carry all passengers. The airlines Emirates , Etihad Airways and Qatar Airways informed travelers that they needed a green card or a diplomatic visa to fly to the USA. Losses were also expected for the airlines, since, according to the US Department of Home Protection, 35,000 visitors from Iran flew to the USA in 2015 alone.
Initially, citizens of one of the seven states with dual citizenship were also denied a visa for the USA. On January 31, Homeland Security Secretary John F. Kelly made it clear that dual nationals entering with a passport from a state not subject to the ban would be granted a visa. As has been the case since February 2016, dual citizens of Iraq, Iran, Syria and Sudan would have to have an entry visa because they no longer fell under the visa waiver program . As early as 2011, the Foreign Ministry had intensified its review of asylum applications from Iraq for six months for security reasons. Citizens of Yemen, Libya and Somalia with dual nationalities could still enter under the visa waiver program, except if they had traveled to one of the seven affected countries since March 2011; in this case they would have to apply for a US visa.
The decree did not include Turkey and the United Arab Emirates, which are also predominantly Muslim . Some media reports explained that Trump excluded these states with a conflict of interest because Trump's companies are based there and he had sought business relationships with them.
Reactions in the US
The decree caused outrage, protests and resistance in various areas of society in the USA.
Judiciary
In principle, the US President may refuse entry to individuals or groups of foreigners if and for as long as he considers them to be harmful to the interests of the US. For many lawyers, however, the decree contradicts basic principles of the US constitution, such as the prohibition of discrimination , for example by giving preference to particular religious minorities. In addition, it violates the international agreement on the legal status of refugees and the principle of non-refoulement under the UN Convention against Torture .
Court rulings on individual lawsuits
On January 28, 2017, three court rulings on the decree were issued: At the request of two Iraqis concerned, a federal district court in New York ordered that persons with a valid entry permit (visa, green card, refugee status, etc.) initially not be sent back to their country of origin. The United States Marshals Service should enforce this order with the necessary measures. The order was extended on February 2 to February 21, 2017. On February 16, 2017, 167 US senators and congressmen and 34 cities, including the metropolises of Chicago , Los Angeles , New York City and Philadelphia , submitted two statements ( Amicus Curiae Briefs ) in favor of the plaintiffs to the court.
On January 28, 2017, a federal judge in Virginia ordered lawyers to be granted access to the green card holders detained at Washington Dulles International Airport and not to be deported for seven days. The order was extended for an additional seven days on February 3, 2017, and defendants were asked to disclose a list of all foreign residents of Virginia who had been deported or expelled since January 27.
A federal judge in Washington State ruled that two travelers detained at Seattle-Tacoma International Airport should not be deported from the United States until further notice.
On January 29, 2017, two more judgments were made on the decree: Two federal judges in Massachusetts ordered the decree not to be enforced for seven days. Because of his indefinite suspension on February 3, 2017, this order was not extended. A federal judge in California ruled that an Iranian who had landed at Los Angeles International Airport on the evening of January 27 , but had already been deported , was to be transported back to the USA from Dubai .
On January 31, 2017, a federal judge in California ordered all citizens of the seven states who had been granted immigrant visas prior to the decree to enter.
On February 2, 2017, a federal judge in Michigan ruled that the 90-day entry freeze did not apply to green card holders.
Procedure "Washington v. Trump "
On January 30, 2017, Washington Attorney General Bob Ferguson filed a lawsuit against the decree and also sought interim relief for his state's residents. The decree violates the 5th Amendment to the United States Constitution , the "Establishment Clause" (freedom of religion) in the 1st Amendment to the United States Constitution , the Immigration and Nationality Act, and other federal laws. The Washington State University and companies like Amazon and Expedia supported the action by describing the damage of the decree for themselves and their dependents or employees. The state of Minnesota joined the lawsuit on February 1, 2017. On February 3, 2017, Federal Judge James Robart approved the application for interim legal protection, expressly lifting all entry bans in the decree and the suspension of the refugee program with immediate effect and nationwide.
The following day, the government moved to the United States Court of Appeals to overturn Robart's ruling, which means that the decree would continue to apply at least until the main proceedings were concluded , apart from other federal court orders that previously contained less extensive restrictions . The appeals court refused to have it set aside immediately. On February 7, a telephone hearing took place between representatives of both parties. On February 9, 2017, the three appeals court judges unanimously decided to uphold Robart's injunction. The main reason they cited was that the government had denied the jurisdiction of the federal judge, but had provided no evidence of a national terrorist threat from the seven states.
On February 10, 2017, a judge of the appellate court demanded that the general court should decide whether the hearing conducted by a triple chamber should be repeated in a large chamber with eleven judges. The parties had until February 16 to comment. The government said that the president would soon revoke the decree and replace it with a new one. The appeals court then suspended the proceedings for a new hearing. After President Trump signed the successor decree on March 6, the government withdrew its objection to the judgment on March 8.
Further lawsuits from states and cities
On January 31, 2017, San Francisco sued the decree in a California federal court because it violated the 10th Amendment to the United States Constitution. The attorneys at law for the states of New York, Massachusetts and Virginia announced on the same day that they would join the lawsuits pending in their states in the next few days. Hawaii also sued the decree on February 3, 2017 . On February 13, 2017, the 90-day entry freeze for Virginia was lifted.
Civil society
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As early as the evening of January 26, 2017, it was announced that Trump wanted to pass this executive order. As a result, many people gathered in Washington Square Park , New York. The local Council on American-Islamic Relations had called at short notice for a meeting for the rights of Muslims in the USA.
After it was signed, several thousand people protested against the decree in many cities and airports in the United States. Refugee initiatives and organizations of American Jews criticized the decree issued on Holocaust Remembrance Day as a tragic repetition of the Emergency Quota Act of 1921, which had severely restricted the entry of immigrants and refugees into the United States.
congress
Republican US Senators John McCain and Lindsey Graham spoke out against the decree, calling it a "self-inflicted wound" in the fight against terrorists.
Donald Trump tweeted that the two senators were weak on immigration. They should focus their energies on the fight against the terrorist militia " Islamic State " instead of planning the third world war. Graham replied, “Mr. President, I don't want to start World War III, I want to win the war we're waging now. We had Barack Obama for eight years, who did not know how to defeat radical Islam. You can only win this war if you have Muslims by your side. ... Your decree was too far-reaching, not checked, you did not take the time it needed to do something that I agree to. "
On January 30, 2017, Senators Dianne Feinstein and Christopher Murphy, and Congresswoman Zoe Lofgren (all Democratic Party members ) each tabled a bill to repeal the decree.
Former government officials
On January 30, 2017, ten days after his adoption, US President Barack Obama had his spokesman explain: It is important to him (Obama) how many people support political values, democracy and the protection of the population during demonstrations and on social networks Constitution committed. He is "fundamentally against discriminating against people because of their belief or religion ."
"Not only is it immoral and stupid, it's counterproductive," said former CIA counter-terrorism expert Patrick Skinner to Mother Jones magazine about the decree. Skinner works for the security company Soufan Group. He pointed out that the US had military, intelligence and diplomatic personnel in Syria, Libya and Iraq who would work closely with local residents in the fight against terrorism. The USA has never been more dependent on people from these countries. The moment you need these people the most, tell them, "We screwed you over".
In the lawsuit the state of Washington against the decree of the Court of Appeal was a statement of the former minister and head of agency Madeleine Albright , Avril Haines , Michael V. Hayden , John Kerry , John E. McLaughlin , Lisa Monaco , Michael Morell , Janet Napolitano , Leon Panetta and Susan E. Rice submitted that the decree did not promote US security and foreign policy, but rather harm it.
economy
US company representatives reacted with concern to the decree. Starbucks CEO Howard Schultz wrote to his employees on the company's website with "deep concern", describing Trump's decree as confusing. He announced plans to offer jobs to 10,000 refugees at Starbucks over the next five years.
Microsoft - CEO Satya Nadella wrote on LinkedIn :
“As an immigrant and as a CEO, I've both experienced and seen the positive impact that immigration has on our company, for the country, and for the world. We will continue to advocate on this important topic. "
“As an immigrant and CEO, I have seen and seen the positive impact that immigration is having on our company, the country and the world. We will continue to work on this important topic. "
On February 5, 2017, 97 companies, mostly from Silicon Valley , submitted a joint statement ( Amicus Curiae letter ) to the Court of Appeal in San Francisco with the aim of maintaining the provisional legal protection granted.
science
In an online petition , thousands of scientists and so far 62 Nobel Prize winners condemned the decree and asked Trump to reconsider his position. 164 scientific associations asked Trump in a letter dated January 31, 2017 to withdraw the decree. The Association for Computing Machinery has called for visa restrictions to be lifted at the end of the 90-day period or earlier.
On February 2, 2017, the rectors of 48 colleges and universities in the United States called on Trump to correct or withdraw the decree.
Culture and religion
The Archbishop of the Archdiocese of Chicago , Cardinal Blase Joseph Cupich , condemned the decree as a policy of discriminatory policy against Muslims. Cardinal Donald Wuerl , Archbishop of Washington , also criticized Trump's decree and warned against a freeze on refugees.
The Iranian filmmaker Asghar Farhadi officially canceled his participation in the Academy Awards on February 26, 2017, even if he would have been allowed to enter with a special permit. His film " The Salesman " was nominated for an Oscar for "Best Foreign Film" at the time (and won it).
U.S. government
Trump justified the decree when it was signed to keep “radical Islamic terrorists” away. After criticism, he denied that there had been chaos at airports in the country. The government pointed out that 109 air travelers had entered the country after their arrest and denied that the entry ban was a “Muslim ban” directed against Muslims in general.
Acting Attorney General Sally Yates criticized the decree and ordered her ministry lawyers on January 30 not to legally defend it. Trump then fired her on the grounds that she had "betrayed the Justice Department" and was "weak on borders and very weak on illegal immigration."
Homeland Security Secretary John F. Kelly also fired Daniel Ragsdale, head of United States Immigration and Customs Enforcement . His successor Thomas Homan should help to implement the new immigration regulations.
Several dozen diplomats from the US State Department wrote an internal protest note against the decree: Contrary to what is claimed, it does not make the country any safer. The president's spokesman, Sean Spicer, suggested that they consider leaving the service.
Trump responded to the nationwide suspension of the decree by Judge James Robart with personal attacks on Twitter : "The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!" “The opinion of this so-called judge, which practically takes away the enforcement of laws from our country, is insane and will be outvoted!”) This was understood as an attempt to intimidate other judges and to question the independence of the judiciary.
International reactions
The decree also caused outrage in various areas of society around the world.
Affected countries
In the affected nations, politicians and citizens mostly reacted angrily, at least with incomprehension to Trump's decree. In neighboring countries, in the economically strong and closely connected with the USA Saudi Arabia and the Gulf emirates, however, they were unimpressed.
After it became known, Iran announced an entry ban for all Americans. The relations between Iran and the United States have passed since the 1979 Islamic Revolution marked by hostility. The Iranian government is seen as a supporter of terrorism. Trump repeatedly questioned the 2015 nuclear deal with Iran .
Iraq's parliamentary committee on international relations demanded that equal rights apply to all: If President Trump excludes Iraqi citizens, US citizens should no longer be allowed to enter Iraq. “We are waging war on behalf of the whole world. We are fighting the terrorists on the front line, we have many victims on our own side, ”said the Iraqi parliamentarian Hanan al-Fatlawi.
A newspaper from Damascus in Syria, which is state-controlled, said that a self-chosen isolation of the US would lead to more extremism.
The State Department of Sudan summoned the American Chargé d'Affaires and expressed "regrets" about the entry ban.
The Yemeni Foreign Ministry also spoke up and warned the US against defaming the people of Yemen as a “source of terrorism and extremism”.
Intergovernmental Organizations
In a joint statement by the UN High Commissioner for Refugees and the International Organization for Migration in Geneva , President Trump was urged to continue his country's tradition of accepting refugees and migrants.
The Organization for Islamic Cooperation , an international organization with 56 member states, condemned the decree, which worsened the fate of refugees and supports the narrative of extremists. She urged the US government to reconsider its decision.
The Inter-American Commission on Human Rights on February 1, 2017 expressed concern about this and other decrees by President Trump. A group of US civil rights organizations asked the commission to hold a public hearing on the decree.
Terrorist groups
Reporters for the online magazine BuzzFeed spoke to five current and former Islamic State militants who agreed that the measures will harm America. The decree would strengthen the narrative of their groups that the US and the West are not fighting Islamist terror, but Islam as a whole religion. "Trump shortens the time it will take to achieve our goals," said one.
The “Islamic State” and al-Qaida hailed the entry ban as a “blessed ban” and Trump as the “best advertiser for Islam”.
Australia
The Australian Prime Minister Malcolm Turnbull declined to comment on the decree and told a news conference: "It is not my job as prime minister of Australia, to comment on the domestic politics of other countries."
Germany
The German Chancellor Angela Merkel told US President Donald Trump in a phone call that she was convinced that the necessary determined fight against terrorism did not justify placing people of a certain origin or belief under general suspicion, said the government spokesman.
SPD chancellor candidate Martin Schulz accused Donald Trump of disregarding elementary values of the Western community of states. He was running “with the wrecking ball through our basic values”, said Schulz in the ARD . "The fact that the President of the United States of America has to be stopped by a court in New York in the first week of his term of office shows what is going on." All parties in the German Bundestag reject the decree.
The German-Iraqi writer Abbas Khider rejected the reason for the decree:
“[…] Some countries on the list that were classified as dangerous are the very countries that are fighting with the western world against the Islamists, such as the Libyans and the Iraqis. Also, some of these countries are Shiite countries, such as Iran, Iraq and Yemen. But the terrorists like al-Qaeda , Isis and many other groups are Sunni organizations. [...] the most absurd and ridiculous that world politics has ever seen. [...] "
France
At a joint press conference held by German Foreign Minister Sigmar Gabriel and French Foreign Minister Jean-Marc Ayrault , the latter said Trump's decision would worry France and Germany as allies. President François Hollande said: "If he prevents refugees from entering while Europe is doing its duty, we must react."
Italy
The Italian Foreign Minister Angelino Alfano expressed the decree concerning that the European Union 's border barriers have and not be in a good position, Feedback deliver on the decisions.
Canada
The day after Trump imposed the entry ban, Canada's Prime Minister Justin Trudeau said his country would continue to welcome refugees. “To those fleeing persecution, terror and war, the Canadians will welcome you regardless of your belief. Diversity is our strength, ”Trudeau wrote on Twitter.
Austria
The then Austrian Chancellor Christian Kern criticized the decree as “unacceptable ”, pointing in particular to “shared responsibility [of the USA] for the refugee flows ” and therefore condemned the entry ban as “stealing out of all responsibility”.
Russia
The spokesman for the Russian President said it was not up to Russia to comment on the decree.
Sweden
The Swedish Foreign Minister Margot Wallström welcomed the fact that Swedes with dual citizenship were excluded from the decree, but continued to criticize the decree as such.
Switzerland
The Swiss Foreign Minister Didier Burkhalter demanded that the measures to combat terrorism must be compatible with fundamental rights and international law. On February 20, 2017, a petition from around 9,500 signatories asked the Swiss government to declare the US president persona non grata .
United Kingdom
The British Prime Minister Theresa May not initially commented on the decree. A few days later she said in the House of Commons in London: “We wouldn't do that. We believe it is divisive and wrong ”. The Speaker of the House of Commons, John Bercow , spoke out on February 6 against letting Trump speak in front of the House of Commons.
In London on February 4, 2017, tens of thousands demonstrated against the decree and the invitation to Trump to make a state visit.
Implementation and replacement
Following the injunction of February 3, 2017, the decree was no longer implemented nationwide. Citizens of the affected countries and accepted refugees were able to re-enter the USA the very next day.
On February 24, 2017, a source in the White House told the press that Trump had hired the Department of Homeland Security to provide him with data for a new entry ban. Since the appeals court's ruling on February 9, it has been working on a report that will show that the security threat from these seven states is substantial. They all exported terrorism to the USA, and this risk has increased in recent years. The refugee program is an important incubator for terrorism. The report will consider not only those perpetrators whose actions cost American lives, but also those who injured people, were investigated and sentenced for aids. Some secret service employees understood Trump's assignment as an attempt to subsequently obtain data for an already established political intention. A report already prepared by the Office of Intelligence and Analysis (I&A) in the Department of Homeland Security contradicted the information from the White House. The quality and informative value of this report is, however, controversial in the Ministry of Homeland Security. A source in the ministry allegedly rejected the report as incomplete. Some intelligence agents saw Trump requesting reports from other authorities as an attempt to “go shopping” and base his new decree on the report that was most favorable to him.
On the same day that preliminary three-page report from the I&A became known. His result was: Citizenship is not a reliable indicator of danger, and citizens of the seven states have rarely been involved in terrorist attacks on US territory. Over 41 out of 82 people involved in such attacks were born in the USA and are therefore US citizens, eight in one of the seven states, none in Syria. In four of these states there are terrorist groups that threaten the USA, in three others these are only regionally significant. The report was still incomplete and, according to the Ministry of Homeland Security, did not take into account all available intelligence data from other services and did not deal with the possible effectiveness of an entry ban. However, he questions its necessity and thus indirectly supports the legal position of the plaintiffs in the ongoing lawsuits, which regard national security as a pretext for a travel regulation that discriminates against Muslims.
On March 1, 2017, it was announced that the planned new decree would not affect citizens of Iraq and that travelers with already issued visas and green card holders would be exempt from the entry ban.
On March 6, 2017, President Trump issued Executive Order 13780 . When it came into force on March 16, 2017, it replaced the previous decree. The implementation of its controversial parts was also provisionally prohibited by a federal court on March 15, 2017. The entry regulations of the new decree were initially not applied, also due to several subsequent court rulings. On June 26, 2017, the Supreme Court provisionally reinstated parts of the entry ban from Executive Order 13780.
Decision of the Supreme Court
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John Roberts Clarence Thomas Anthony Kennedy Samuel Alito Neil Gorsuch |
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Sonia Sotomayor Ruth Bader Ginsburg Stephen Breyer Elena Kagan |
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On June 26, 2018, the Supreme Court of the United States declared the entry ban in its third version from September 2017 to be legal by 5 to 4 votes. The four votes against came from the judges Sonia Sotomayor , Ruth Bader Ginsburg , Stephen Breyer and Elena Kagan . While the latter two in their dissenting vote pleaded for the case to be referred back to the district courts of Hawaii and Maryland on the grounds that previous practice had been inadequate, argued Judge Sotomayor (who was joined by Judge Ruth Bader Ginsburg) more fundamental. In her dissenting vote, she compared the decision with the Korematsu v. United States in 1944, which at the time endorsed Executive Order 9066 of President Franklin D. Roosevelt , who ordered tens of thousands of Japanese-born US citizens and Japanese to be sent to internment camps during World War II - under the blanket collective suspicion that they were for the Enemies of the war would spy on Japan.
President Trump then praised the decision of the Supreme Court as "enormous" ( tremendous ). America must know who wants to immigrate to the country.
See also
Web links
- EO 13769 of Jan 27th, 2017 , published in 82 FR 8977 on February 1, 2017.
Individual evidence
- ↑ David A. Fahrenthold, Frances Stead Sellers: How Bannon flattered and coaxed Trump on policies key to the alt-right. Washington Post, November 15, 2016.
- ↑ Frances Stead Sellers, David A. Fahrenthold: 'Why even let' em in? ' Understanding Bannon's worldview and the policies that follow. Washington Post, January 31, 2017.
- ↑ Donald Trump: Ban all Muslim travel to US CNN, December 8, 2015.
- ↑ Matthias Kolb: Trump's entry ban: Trump's decree is un-American and inhuman. Süddeutsche Zeitung, accessed on January 31, 2017.
- ^ Benjamin Siegel, Jason Kurtis: The Evolution of Donald Trump's Muslim Immigration Ban. ABC News, July 27, 2016; How Donald Trump's Plan to Ban Muslims Has Evolved. Fortune.com, June 28, 2016.
- ↑ David Brody: President Trump Says Persecuted Christians Will Be Given Priority As Refugees. Christian Broadcasting Network (CBN), January 27, 2017.
- ↑ Trump imposes entry bans for seven Muslim states. Spiegel Online , January 28, 2017.
- ↑ Julie Pace, Eric Tucker Trump fires Justice Dept. head over executive order defiance. AP, January 31, 2017.
- ^ A b Mark Hetfield: On Holocaust Remembrance Day, Trump slams door on refugees. CNN, Jan. 28, 2017; Laura Koran: Jewish groups pan Trump for signing refugee ban on Holocaust Remembrance Day. CNN, Jan. 28, 2017.
- ^ Trump's Executive Order On Immigration, Annotated. NPR.org, January 31, 2017 (with editor's notes).
- ↑ a b Kanyakrit Vongkiatkajorn, Becca Andrews: Chaos Breaks Out in the Wake of Trump's "Muslim Ban". motherjones.com, January 28, 2017.
- ↑ Federal Judge Stays Deportations, Blocking Part Of Trump's Immigration Order. NPR.org, accessed January 31, 2017.
- ↑ a b Trump defends entry freeze. Die Zeit, January 30, 2017.
- ↑ Evan Perez, Pamela Brown, Kevin Liptak: Inside the confusion of the Trump executive order and travel ban. CNN, Jan. 30, 2017.
- ↑ Donald Trump: US entry freeze also applies to aircraft crews. Die Zeit, January 29, 2017, accessed January 30, 2017.
- ↑ Dual citizenship: Trump's entry ban is to be relaxed. Zeit Online, January 31, 2017.
- ↑ Why Trump chose these countries. Spiegel Online, Retrieved February 4, 2017.
- ↑ Visa Delays Put Iraqis Who Aided US in Fear. New York Times, accessed February 4, 2017.
- ↑ Dual citizens not affected. American Embassy Vienna, February 1, 2017.
- ↑ Trump's Immigration Ban Excludes Countries With Business Ties. Bloomberg, January 27, 2017.
- ↑ Cornell University Law School: 8 US Code § 1182 (f) - Inadmissible aliens, f: Suspension of entry or imposition of restrictions by President
- ↑ Darweesh v. Trump: Decision and Order. U.S. District Court for the Eastern District of New York, Jan. 28, 2017.
- ↑ Darweesh v. Trump: Brief for 167 Members of Congress as Amici Curiae. U.S. District Court for the Eastern District of New York, February 16, 2017.
- ↑ Darweesh v. Trump: Brief for Amici Curiae. U.S. District Court for the Eastern District of New York, February 16, 2017.
- ↑ Aziz v. Trump: Temporary Restraining Order. U.S. District Court for the Eastern District of Virginia, Jan. 28, 2017.
- ↑ Aziz v. Trump: Order. U.S. District Court for the Eastern District of Virginia, February 3, 2017.
- ↑ Doe v. Trump: Order Granting Emergency Motion for Stay of Removal. U.S. District Court for the Western District of Washington, Jan. 28, 2017.
- ↑ Louhghalam v. Trump: Temporary Restraining Order. U.S. District Court for the District of Massachusetts, Jan. 29, 2017.
- ↑ Louhghalam v. Trump: Memorandum & Order. U.S. District Court for the District of Massachusetts, February 3, 2017.
- ↑ Vayeghan v. Kelly: Amended Temporary Restraining Order. U.S. District Court for the Central District of California, January 29, 2017.
- ↑ Matt Zapotosky: Federal judge orders US to return Iranian who what Deported under new order. Washington Post, January 29, 2017.
- ↑ Mohammed v. United States: Order. U.S. District Court for the Central District of California, January 31, 2017.
- ^ Arab American Civil Rights League v. Trump: Order. U.S. District Court for the Eastern District of Michigan, February 2, 2017.
- ^ State of Washington v. Trump: Complaint for Declaratory and Injunctive Relief. U.S. District Court for the Western District of Washington, January 30, 2017.
- ^ State of Washington v. Trump: Motion for Temporary Restraining Order. U.S. District Court for the Western District of Washington, January 30, 2017.
- ^ State of Washington v. Trump: First Ammended Complaint for Declaratory and Injunctive Relief. ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. US District Court for the Western District of Washington, February 1, 2017.
- ^ State of Washington v. Trump: Temporary Restraining Order. US District Court for the Western District of Washington, February 3, 2017.
- ^ State of Washington v. Trump: Emergency Motion. US Court of Appeals for the Ninth Circuit, February 4, 2017.
- ^ State of Washington v. Trump: Order. US Court of Appeals for the Ninth Circuit, February 4, 2017.
- ^ State of Washington v. Trump: Order. US Court of Appeals for the Ninth Circuit, February 9, 2017 (PDF; course: p. 6; reasons for the judgment: p. 27 f.).
- ^ State of Washington v. Trump: Order. US Court of Appeals for the Ninth Circuit, February 10, 2017.
- ^ State of Washington v. Trump: Order. US Court of Appeals for the Ninth Circuit, February 16, 2017.
- ↑ White House initiates appeal against blockade of the entry decree. Spiegel Online, March 17, 2017, accessed on the same day.
- ^ City and County of San Francisco v. Trump: Complaint for Declaratory and Injunctive Relief. U.S. District Court for the Northern District of California, January 31, 2017.
- ↑ Erik Larson and Kartikay Mehrotra: Three More States and San Francisco Sue Trump Over Orders. Bloomberg.com, January 31, 2017.
- ^ State of Hawaii v. Trump: Complaint for Declaratory and Injunctive Relief; Summons. U.S. District Court for the District of Hawaii, February 3, 2013.
- ↑ Aziz v. Trump: Preliminary Injunction. U.S. District Court for the Eastern District of Virginia, February 13, 2017.
- ^ NYC: Thousands Protest Trump Plan to Impose Ban on Refugees, Block Visas from 7 Muslim Nations. January 26, 2017.
- ^ Thousands protest against Trump travel ban in cities and airports nationwide. January 30, 2017.
- ^ Statement by Senators McCain & Graham on Executive Order on Immigration. 29th January 2017.
- ↑ Two warriors against Trump. January 31, 2017.
- ↑ S.240 - 115th Congress: A bill to nullify the effect of the recent executive order that temporarily restricted individuals from certain countries from entering the United States.
- ↑ S.248 - 115th Congress: A bill to block implementation of the Executive Order that restricts individuals from certain countries from entering the United States.
- ↑ HR724 - 115th Congress: To provide that the Executive Order entitled "Protecting the Nation from Foreign Terrorist Entry into the United States" (January 27, 2017), shall have no force or effect, to prohibit the use of Federal funds to enforce the Executive order, and for other purposes.
- ↑ First reaction to Trump: "Fundamentally against" - Obama reacts to new immigration policy. Welt Online, accessed January 31, 2017.
- ^ "Immoral," "stupid," and "counterproductive": National security experts slam Trump's "Muslim ban". Mother Jones, accessed January 30, 2017.
- ^ State of Washington v. Trump: Joint Declaration. 5th February 2017.
- ↑ Starbucks CEO Schultz plans to hire 10,000 refugees after Trump ban. Reuters, January 30, 2017.
- ^ Yesterday's US Executive Order on Immigration.
- ↑ US judge partially lifts Trump's entry ban. Heise online, January 29, 2017.
- ↑ Martin Holland: Silicon Valley vs. Trump: 97 IT companies turn against the entry ban in court. Heise online , February 6, 2017, accessed on February 6, 2017 .
- ^ State of Washington v. Trump: Motion for Leave to File Brief of Technology Companies and other Businesses as Amicus Curiae in Support of Appellees. 5th February 2017.
- ^ Academics Against Immigration Executive Order. Retrieved February 1, 2017.
- ^ Anne Q. Hoy: Leading Scientific Groups Urge Trump to Rescind Immigration Order. American Association for the Advancement of Science , Jan. 31, 2017.
- ^ ACM Expresses Concern About New Executive Order Suspending Visas. Retrieved February 2, 2017.
- ↑ Eisgruber, other university presidents ask President Trump to 'rectify or rescind' immigration order. princeton.edu, February 2, 2017.
- ↑ Criticism of Trump from the US bishops is growing louder.
- ↑ Iranian director boycotted the Academy Awards. Zeit Online, January 30, 2017.
- ↑ After Trump Decree: Iran does not allow Americans to enter. ( Memento from March 2, 2017 in the Internet Archive ) Black Forest Bote.
- ↑ Donald Trump defends new entry bans into the USA. January 30, 2017.
- ↑ How Trump's 'Muslim ban' comments can hurt his travel ban case. CNN, February 6, 2017.
- ↑ Trump dismisses acting Minister of Justice. Die Zeit, January 31, 2017.
- ↑ Trump dismisses attorney general. January 31, 2014.
- ↑ Trump dismisses provisional minister of justice in the dispute over immigration decree. Badische Zeitung, accessed on January 31, 2017.
- ↑ Trump administration appeals. Neue Zürcher Zeitung, February 5, 2017.
- ↑ a b c Dunja Ramadan: Reactions to the visa ban: "Our country is worth more than a million America." Sueddeutsche.de, accessed on January 31, 2017.
- ↑ Trump imposes entry bans for many Muslims - Iran reacts immediately. focus.de, accessed on January 31, 2017.
- ↑ Stephan Löwenstein: Trump and the hated deal. In: FAZ.net . November 15, 2016, accessed February 5, 2017 .
- ↑ a b US entry bans: Anger in Iraq, regret in Sudan. tagesschau.de, January 30, 2017.
- ^ Joint IOM-UNHCR Statement on President Trump's Refugee Order. January 28, 2017.
- ^ OIC Expresses Concern at US President's Executive Order Restricting Entry into the US. January 30, 2017.
- ^ IACHR Expresses Concern over Executive Orders on Immigration and Refugees in the United States. Organization of American States , February 1, 2017.
- ^ Coalition Request for an Emergency Hearing Before the IACHR on President Trump's Muslim Ban and Refugee Ban. ACLU.org, February 6, 2017.
- ↑ Christoph Sydow: The IS cheers Trump's "blessed ban". Spiegel Online, accessed January 31, 2017.
- ^ Immigration ban: Julie Bishop 'in talks' with US as Malcolm Turnbull won't comment. Retrieved February 1, 2017.
- ↑ Merkel rejects Trump's entry ban. Spiegel Online, January 29, 2017.
- ↑ Richard Kämmerlings: "In East Germany they look as if they wish you dead." Welt Online, February 4, 2017.
- ^ France and Germany united in criticism of Trump's immigration ban. france24.com, January 29, 2017.
- ↑ EU 'in no position to judge Trump's travel ban', says Italian FM. Retrieved February 1, 2017.
- ↑ Alain Kniebs: Summit: EU should "step on the gas". EU summit. In: brf.be. Belgian Broadcasting, February 3, 2017, archived from the original on February 7, 2017 ; accessed on February 7, 2017 .
- ↑ Песков об указе Трампа о защите от терроризма: это не наше дело. RIA Novosti, January 30, 2017.
- ↑ USA: s nya besked: Alla med svenskt pass släpps in. Svenska Dagbladet.
- ↑ Désirée Föry: Burkhalter on Trump's entry ban: "The decree is clearly going in the wrong direction". Neue Zürcher Zeitung, January 29, 2017.
- ↑ Marcel Gyr: Unwelcome US President: Petition demands entry ban for Trump. Neue Zürcher Zeitung, February 20, 2017.
- ↑ May criticizes the Trump decree as "divisive". Zeit Online, accessed February 3, 2017.
- ↑ Great Britain: Tens of thousands demonstrate against US entry ban. In: zeit.de . January 30, 2017. Retrieved February 5, 2017 .
- ↑ US government lifts visa bans after a judge's ruling. Der Standard, February 4, 2017.
- ↑ Jake Tapper, Pamela Brown: White House effort to justify travel ban causes growing concern for some intelligence officials. CNN, February 25, 2017.
- ↑ Matt Zapotosky: DHS report casts doubt on need for Trump travel ban. Washington Post, February 24, 2017.
- ↑ Matt Zapotosky, Abigail House Lohner: Revised Trump immigration order, delayed after speech, will not ban citizens from Iraq. Washington Post, March 1, 2017.
- ^ Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States. whitehouse.gov, March 6, 2017.
- ↑ Ariane de Vogue, Laura Jarrett: Trump admin appeals travel ban case to the Supreme Court. In: CNN.com , June 1, 2017 (English).
- ^ Adam Liptak, Michael D. Shear: Supreme Court Upholds Trump's Travel Ban, Delivering Endorsement of Presidential Power. The New York Times, June 26, 2018, accessed June 26, 2018 .
- ↑ TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. v. HAWAII ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. (pdf) Supreme Court of the United States, June 26, 2018, accessed June 26, 2018 .
- ↑ Travel ban: Trump hails 'tremendous' Supreme Court ruling. BBC News, June 26, 2018, accessed June 26, 2018 .
