Supreme Court ruling shows travel ban isn't extreme

Saul Bowman
June 30, 2018

"United States", the infamous 1944 Supreme Court ruling that affirmed the USA government's internment of Japanese Americans during World War II. "At a minimum we have to make sure that we vet people coming into the country, we know who is coming in, we know where they're coming from - we just have to know who is coming here". She said her colleagues in the majority arrived at the opposite result by "ignoring the facts, misconstruing our legal precedent and turning a blind eye to the pain and suffering the Proclamation inflicts upon countless families and individuals, many of whom are United States citizens".

Mr Trump added that as long as he is president, he will "defend the sovereignty, safety, and security of the American People, and fight for an immigration system that serves the national interests of the United States and its citizens". Our country will always be safe, secure, and protected on my watch.

Sabina Mohyuddin of the American Muslim Advisory Council of Tennessee said the travel ban and increased enforcement - at the border and elsewhere - is all a part of Trump's anti-immigrant agenda. The court will let a limited version of the travel ban from six mostly muslim countries take effect before hearing full arguments in October.

The 5-4 decision is the court's first substantive ruling on a Trump administration policy.

Travel Ban 2.0 also faced challenges in a number of lower courts, but in June 2017 the Supreme Court allowed it to go partially into effect. It restricts entry from seven countries, though some very slightly, like Venezuela. Chad was originally on the list but it was recently removed after having met baseline security requirements.

The travel ban was implemented haphazardly at the start of the Trump administration and faced repeated setbacks from the USA legal system. As Justice Sonia Sotomayor pointed out in dissent, had the Court examined this evidence, it would have been obvious that the "new window dressing" of national-security concerns "cannot hide an unassailable fact: The words of the President and his advisers create the strong perception that the proclamation is contaminated by impermissible discriminatory animus against Islam and its followers".

When the first ban attempt was announced in early 2017 shortly after Trump took office, the Migration Policy Institute noted that more than 22% of all healthcare workers were immigrants, and 28% of those healthcare workers were surgeons or physicians.


Still, Frenzen and other experts cautioned that the standard the Supreme Court adopted in its 5-4 ruling was highly deferential to the president.

The Trump administration has put forward three different versions of the travel ban, facing numerous legal hurdles along the way.

She cited Justice Robert Jackson's dissent in Korematsu, in which he argued that, while the internment order itself was temporary, "once a judicial opinion rationalizes such an order ... the Court for all time has validated the principle of racial discrimination".

The third-ranking House Republican, Rep. Steve Scalise of Louisiana, calls it a "huge victory" for Trump's plan to strengthen national security "by keeping terrorists out of America".

Today's Court ruling complicates California's efforts to empower women with information about their healthcare. The ban went through several makeovers, each met with backlash, but the SCOTUS ultimately signed off on the third iteration of the executive order.

Attorney General Jeff Sessions said in a statement that the decision was "critical to ensuring the continued authority of President Trump - and all future presidents - to protect the American people". It was a devastating day for Muslim people everywhere-many of whom now may be separated from their family members indefinitely-and for everyone who believes in the fairness and equality at the heart of this country's Constitution and laws. In April, Trump said he had "nothing to apologize for" in proposing to ban Muslims.

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