Muslim Ban – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Supreme Court Reinstates Parts of Trump’s Travel Ban, Will Hear Case in Fall https://legacy.lawstreetmedia.com/blogs/law/supreme-court-reinstates-part-travel-ban/ https://legacy.lawstreetmedia.com/blogs/law/supreme-court-reinstates-part-travel-ban/#respond Mon, 26 Jun 2017 18:15:40 +0000 https://lawstreetmedia.com/?p=61689

A partial victory for the president.

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"Supreme Court"Courtesy of Mark Fischer; License: (CC BY-SA 2.0)

The Supreme Court announced Monday that it will hear President Donald Trump’s travel ban case. The hearing will be in October, and until then, the court said parts of the ban will be allowed to go into effect. Trump issued a revised executive order in March, blocking travel from six countries. Two federal courts have since ruled that the ban is unconstitutional and a breach of executive power. The Supreme Court agreed to examine both courts’ decisions.

For the time being, the ban will be reinstated “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States,” the justices said. A bona fide relationship includes “a close familial relationship” for individuals. For entities, “the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading [the order].”

“The students from the designated countries who have been admitted to the University of Hawaii have such a relationship with an American entity,” the court added.

Trump’s second attempt at stemming travel from a handful of Muslim-majority countries reined in a few of the tenets of his first order, which was originally issued in January. For one, the revised order dropped Iraq from the list of affected countries–Iran, Libya, Yemen, Somalia, Sudan, and Syria.

The order stipulates that residents of the six countries are barred from traveling to the U.S. for 90 days, until stricter vetting procedures are in place. The refugee program will be halted for 120 days, and the number of admitted refugees will drop to 50,000 from about 110,000.

This is Trump’s first travel ban-related victory since he issued the updated order in March. Both orders faced a torrent of opposition–thousands of people hit the streets and packed airports across the country in protest. Trump’s directive fared no better in the courts.

Last month, a federal appeals court, the Fourth Circuit in Richmond, Virginia, issued an injunction on parts of the travel ban, arguing that it “drips with religious intolerance, animus, and discrimination” and violated the First Amendment.

A few weeks ago, the Ninth Circuit Court of Appeals in San Francisco ruled that the ban violated the president’s authority as granted by Congress. The court said Trump “did not meet the essential precondition in exercising his delegated authority,” which requires “a sufficient finding that the entry of these classes of people would be ‘detrimental to the interests of the United States.'”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Trump Administration Takes Travel Ban Battle to the Supreme Court https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-admin-travel-ban-supreme-court/ https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-admin-travel-ban-supreme-court/#respond Fri, 02 Jun 2017 20:03:55 +0000 https://lawstreetmedia.com/?p=61084

The case could provide an interesting litmus test for Neil Gorsuch.

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The Trump Administration is taking its fight to implement a controversial executive order halting travel from six largely Muslim countries for 120 days to the highest judicial level: the Supreme Court. Lower courts have blocked parts of President Donald Trump’s revised order–he scrapped a first attempt earlier this year after courts stopped it–over the past few weeks.

Trump’s harsh campaign rhetoric regarding Muslims, critics argued, revealed that his true motivation for instituting the ban was to stop Muslims from coming to the country. Trump has said the order–which blocked travel from Syria, Iran, Yemen, Libya, Sudan, and Somalia–is grounded in national security concerns.

In its brief, the administration argued:

The stakes are indisputably high: The court of appeals concluded that the president acted in bad faith with religious animus when, after consulting with three members of his cabinet, he placed a brief pause on entry from six countries that present heightened risks of terrorism. The court did not dispute that the president acted at the height of his powers in instituting [the order’s] temporary pause on entry by nationals from certain countries that sponsor or shelter terrorism.

The road to the Supreme Court has been seemingly inevitable. Trump crumpled up his first order, issued on January 27, after a federal appeals court in San Francisco blocked it in February.

The president issued a revised ban in March, which dropped the number of affected countries from seven to six (Iraq was removed), removed specific references to protecting Christian minorities, and allowed for a more case-by-case approach to determine which travelers are allowed into the country. Like the first order, it froze the refugee program for 120 days, and dropped the threshold of admitted refugees each year from 110,000 to 50,000.

If the High Court decides to take up the case, it will be an early test for Neil Gorsuch, the court’s newest justice. In his Senate confirmation hearing in March, Gorsuch barely budged when asked about his views on the travel ban. Referring to a previous comment from a senator that Gorsuch would likely preserve the ban, Gorsuch said: “He has no idea how I would rule in that case. And senator, I am not going to say anything here that would gave anybody any idea how I would rule.” When Sen. Patrick Leahy (D-VT) asked Gorsuch what he thought of banning other religions or citizens of entire countries, like Jews from Israel, Gorsuch replied:

We have a Constitution. And it does guarantee freedom to exercise. It also guarantees equal protection of the laws and a whole lot else besides, and the Supreme Court has held that due process rights extend even to undocumented persons in this country. I will apply the law faithfully and fearlessly and without regard to persons.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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What’s the Latest with Trump’s Travel Ban? https://legacy.lawstreetmedia.com/blogs/politics-blog/whats-the-latest-with-trumps-travel-ban/ https://legacy.lawstreetmedia.com/blogs/politics-blog/whats-the-latest-with-trumps-travel-ban/#respond Tue, 09 May 2017 19:56:29 +0000 https://lawstreetmedia.com/?p=60653

Trump's executive order is still held up in court.

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Over a two-hour period on Monday, a federal appeals court in Richmond heard arguments on a case concerning President Donald Trump’s revised travel ban, issued via executive order in March. The 13-judge panel was split between those who argued that Trump’s order should be examined on its merits and text, and others who contended that the directive should be viewed in the context of the president’s past statements on Muslim immigration.

The hearing, which was the first test for Trump’s contentious executive order in a federal appellate court, saw arguments from Jeffrey Wall, the acting solicitor general of the U.S. who defended the government’s position, and Omar Jadwat, a lawyer from the ACLU representing the plaintiffs. The fact that 13 judges heard arguments–in a court that usually consists of a three-judge panel–indicates the weight that this case holds.

Questions over how the travel ban should be viewed–either by its merits or in light of Trump’s public statements–were generally split between the Democratic-appointed judges and the Republican-appointed ones. Judge Robert King, appointed by President Bill Clinton, said Trump has “never repudiated what he said about the Muslim ban,” alluding to Trump’s calls for a freeze on Muslim immigration during the campaign.

Judge Pamela Harris, appointed by President Barack Obama, likewise read the travel ban as an anti-Muslim missive. The ban “has a disparate impact on Muslims,” she said. But Judge Paul Niemeyer, appointed by President George H.W. Bush, questioned the wisdom of reading too much into past statements. “Can we look at his college speeches?” he asked. “How about his speeches to businessmen 20 years ago?” He added: “I just don’t know where this stops.”

Wall, representing the Trump Administration in the hearing, said Trump’s past statements do not indicate any motives beyond the text of the order. That is, that it’s a national security measure. “Candidates talk about things on the campaign trail all the time,” he said. Wall also denied the charge that the ban is effectively a Muslim ban. “This is not a Muslim ban” he said. “It has nothing to do with religion. Its operation has nothing to do with religion.” 

Trump’s revised March order banned travel for 90 days from six countries in the Middle East and North Africa: Somalia, Iran, Syria, Libya, Sudan, and Yemen. It also froze admittance of refugees for 120 days, and dropped the number of refugees allowed to enter the U.S. from 120,000 to 50,000. Two federal judges, one in Maryland and one in Hawaii, blocked parts of Trump’s order in March.

Monday’s hearing at the U.S. Court of Appeals for the Fourth Circuit is an appeal of the Maryland ruling. Next Monday, a federal appeals court in Seattle will review an appeal of the Hawaii ruling. Ultimately, regardless of how the judges in Richmond rule, the case is likely to end up at the Supreme Court.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Electronics Banned on U.S.-Bound Flights from 10 Airports in Muslim Countries https://legacy.lawstreetmedia.com/blogs/politics-blog/dhs-electronics-muslim/ https://legacy.lawstreetmedia.com/blogs/politics-blog/dhs-electronics-muslim/#respond Tue, 21 Mar 2017 18:20:51 +0000 https://lawstreetmedia.com/?p=59695

The ban covers 10 airports in eight countries.

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Passengers on flights to the U.S. from 10 airports in the Middle East and North Africa will be barred from bringing electronics larger than a cell phone in their carry on baggage, according to the Department of Homeland Security and Transportation Security Administration. The new directive came late Monday, after “evaluated intelligence” was presented to Trump Administration officials that terrorists seek to smuggle “explosive devices in various consumer items.”

Officials said the new travel restrictions are not based on any imminent or specific threats; but rather a broader threat, and general intelligence reports. Taking effect at 3 a.m. Tuesday (airlines have just 96 hours to comply) the new directive will bar passengers from 10 airports in eight countries–none of which are included in President Donald Trump’s recent travel ban–from bringing large electronics in their carry-on luggage. This includes laptops, cameras, tablets, games, and other large devices. Flight crews will not have to comply with the new restrictions, which only apply to foreign carriers.

Affected cities include: Amman, Jordan; Cairo, Egypt; Istanbul, Turkey; Jeddah and Riyadh in Saudi Arabia; Kuwait City, Kuwait; Casablanca, Morocco; Doha, Qatar; and Dubai and Abu Dhabi in the United Arab Emirates. Royal Jordanian, one of the carriers affected by the new measures, sent out a tweet early Monday that indicated the device restrictions. It later deleted the tweet, but it was preserved by other users:

It is unclear how long the restrictions will be in place; the DHS, in a briefing with reporters Monday night, said the procedures would “remain in place until the threat changes.” Some technology experts are flummoxed by the new restrictions, saying that people wishing to do harm via a large electronic device could still use their check-in luggage as a conduit for explosives.

“It’s weird, because it doesn’t match a conventional threat model,” Nicholas Weaver, researcher at the International Computer Science Institute at the University of California, Berkeley told the Guardian. “If you assume the attacker is interested in turning a laptop into a bomb, it would work just as well in the cargo hold.”

The U.S. is not the only country issuing more restrictive travel measures. Early Tuesday morning, British news outlet Sky News tweeted:

The report said that Britain, like the U.S., is not basing its new procedures on a specific threat, but “rather a response to the ongoing general threat to aviation.” Paul Schwartz, an information technology professor at the University of California, Berkeley Law School, told the Guardian that the terrorist threat has transcended borders, and targeting travel from a handful of countries might not alleviate the threat entirely.

“One potential problem with this approach where you single out countries is that you ignore the extent to which the terrorist threat is kind of state-less,” Schwartz said. “The terrorists have cells throughout the entire world.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Trump’s Travel Ban Defeated in Court Once Again https://legacy.lawstreetmedia.com/blogs/politics-blog/travel-ban-court/ https://legacy.lawstreetmedia.com/blogs/politics-blog/travel-ban-court/#respond Thu, 16 Mar 2017 18:16:56 +0000 https://lawstreetmedia.com/?p=59598

Judges in Hawaii and Maryland struck down Trump's travel ban.

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President Donald Trump’s campaign proposal of a “Muslim ban” is coming back to haunt him yet again: on Wednesday, two federal judges blocked Trump’s new travel ban, which would have restricted travel from six largely Muslim countries. The ban was set to go into effect at midnight. These rulings mark the second time Trump’s attempts at implementing such an order–essentially a veiled “Muslim ban”–have failed. 

Both judges ruled that the executive order amounted to religious discrimination. Judge Derrick Watson of the Federal District Court in Honolulu issued a temporary restraining order on Trump’s directive, on the grounds that it was “issued with a purpose to disfavor a particular religion, in spite of its stated, religiously neutral purpose.”

Hours later in Maryland, U.S. District Court Judge Theodore Chuang ruled that the purpose of the ban was “the effectuation of the proposed Muslim ban” that Trump repeatedly invoked during the campaign. The plaintiff in Honolulu was Ismail Elshikh, the imam of the Muslim Association of Hawaii. Elshikh argued that the ban would have barred his Syrian mother-in-law from visiting him. Syria is one of the six countries–along with Sudan, Libya, Somalia, Yemen, and Iran–included in Trump’s order.

The Maryland ruling was based on complaints by a cohort of nonprofit groups who work with refugees and immigrants. At a rally in Nashville after the Hawaii judge announced his ruling, Trump said he would take his case to the Supreme Court. He also suggested scrapping the second order, which dropped Iraq from the list of affected countries, and instead pursuing the first one in court.

“Let me tell you something. I think we ought to go back to the first one and go all the way,” Trump said. “The danger is clear, the law is clear, the need for my executive order is clear.” While there is an argument that Trump was within his executive authority in issuing the order, there is not much tangible evidence that the order would alleviate a clear danger to U.S. national security. Americans have never been killed in a terrorist attack by a citizen from one of the six affected countries.

The government’s next move is likely going to be similar to what happened with the first order last month. An appeal of Watson’s ruling–which was broader than Chuang’s–would be heard by the same federal appeals court in San Francisco that upheld the legal challenge to Trump’s first order. That appeal followed a ruling by a judge in Washington.

Since the issuance of his first travel ban in January, Trump has faced stiff resistance from Democrats, advocacy groups, and even some members of his own party. The Trump Administration contends the order–which freezes travel from the six countries for at least 90 days, and pauses refugee admissions for at least 120 days–is legal, and is based on guidelines the Obama Administration originally set.

But so far, Trump’s argument has been defeated by his own backlog of statements that seem to undermine his claim that his actions are just meant to protect national security. The legal battle is sure to continue, but for now at least, Trump might need to go back to the drawing board.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Hawaii AG Files Lawsuit Over Trump’s Revised Travel Ban https://legacy.lawstreetmedia.com/blogs/politics-blog/hawaii-travel-ban/ https://legacy.lawstreetmedia.com/blogs/politics-blog/hawaii-travel-ban/#respond Thu, 09 Mar 2017 19:35:42 +0000 https://lawstreetmedia.com/?p=59440

But is the new order vulnerable enough to be shot down in court?

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

President Donald Trump’s revised executive order blocking travel from six countries in the Middle East and North Africa faced its first legal challenge on Wednesday. Doug Chin, the attorney general of Hawaii, is suing the Trump Administration. The order, Chin said in his complaint, violates the Constitution and will have deleterious effects on his state’s economy and educational institutions.

A hearing is scheduled for next Wednesday, and the travel ban is set to go live on Thursday. While Trump’s first order, issued during his initial days in office, faced a torrent of litigation, the revised order, released on Monday, did not experience any immediate challenges. Lawyers and state attorneys general are taking a more cautious approach to legal action; they are taking time to examine the new order’s legality, while acknowledging that it was more carefully written than its predecessor.

In the State of Hawaii’s brief, which requests a temporary restraining order on the travel ban, the plaintiffs argue the ban “severely damages the State’s schools and universities.” The plaintiffs also said the executive order “detracts from the University of Hawaii’s diversity and impedes the State’s commitment to international scholarship and global exchange—inflicting the very harms Congress’s prohibition on nationality-based discrimination was designed to prevent.”

Trump’s new travel ban is different from the initial directive. Residents of six countries–Libya, Sudan, Somalia, Yemen, Iran, and Syria–will not be allowed into the U.S. for at least 90 days. Iraq, which was included in the initial order, has been removed from the list of affected countries. And in what is the new order’s potential bulwark against legal action, green card-holders and people who already have visas from the six countries are allowed entry into the U.S. Like the first executive order, the country’s refugee program will be put on ice for at least 120 days.

Another of Trump’s immigration policies was hit with a legal challenge on Wednesday. Dennis Herrera, the city attorney of San Francisco, asked a federal district court judge to block the president’s January 25 executive order. That order threatens to withhold federal funds from so-called “sanctuary cities,” jurisdictions that shield undocumented immigrants from federal immigration authorities. “This court action is designed to protect our residents and provide financial clarity,” Herrera said in a statement.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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What You Need to Know About President Trump’s New Travel Ban https://legacy.lawstreetmedia.com/blogs/politics-blog/trumps-new-travel-ban/ https://legacy.lawstreetmedia.com/blogs/politics-blog/trumps-new-travel-ban/#respond Mon, 06 Mar 2017 18:54:40 +0000 https://lawstreetmedia.com/?p=59356

What changed and what stayed the same?

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On Monday morning the White House announced that President Donald Trump–presumably after taking a break from tweeting about everything from wire “tapps” to Arnold Schwarzenegger–signed a new executive order to revise his controversial travel ban.

Unlike the hectic nature of the initial executive order’s rollout, the revised order was announced throughout Monday morning, with Kellyanne Conway going on “Fox & Friends” to explain the alterations, the administration releasing a somewhat comprehensive fact sheet, and Secretary of State Rex Tillerson and Attorney General Jeff Sessions explaining the legality and importance of the new order. Additionally, unlike the original order, which took effect immediately, the updated version will not be implemented for another 10 days. No cameras were around for the actual signing.

Here’s what you need to know about this new EO:

  1. The 90-day travel ban will prohibit the issuance of new visas for people from six countries (Iran, Libya, Somalia, Sudan, Syria, and Yemen). While the initial order targeted seven countries, Iraq is no longer on the list because “the Iraqi government has expressly undertaken steps to enhance travel documentation, information sharing, and the return of Iraqi nationals subject to final orders of removal.”
  2. The order only applies to people who do not already have a visa, which was a point of confusion for the last order. Therefore, green card-holders and current visa-holders will not be affected.
  3. There is no longer an exception for people of minority religions. The previous order and subsequent comments by President Trump included a not-so-subtle hint that Christian refugees could be prioritized.
  4. Decisions on applications for refugee status are suspended for 120 days, just like the old EO.
  5. The cap for the number of refugees that the U.S. will take in 2017 is now set at 50,000 people. The Obama Administration had previously set a goal to accept 110,000 refugees in 2017 (which led to that stupid Skittles tweet).
  6. The indefinite ban on Syrian refugees has been changed to a ban for a 120-day period, during which the refugee program will be reviewed.

As CNN reported, this new executive order was originally planned to be signed last Wednesday. However, after the unexpectedly positive reception of Trump’s address to Congress, the administration decided to ride the wave of positive coverage before instituting an order that surely would ruffle some feathers.

If you need any proof that the Trump Administration was right to expect that the new order would make people angry, within minutes of the announcement of the order’s signing, organizations like the ACLU  released statements criticizing the new ban.

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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SXSW Contract Threatens to Report Artists to U.S. Immigration Authorities https://legacy.lawstreetmedia.com/blogs/entertainment-blog/sxsw-contract-immigration-authorities/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/sxsw-contract-immigration-authorities/#respond Fri, 03 Mar 2017 21:11:59 +0000 https://lawstreetmedia.com/?p=59310

At least one act has already canceled its performance.

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On Thursday, Felix Walworth received the contract from the organizer of the music festival he would soon be playing, South by Southwest (SXSW). “If SXSW determines, in its sole discretion, that showcasing acts or their representatives have acted in ways that adversely affect the viability of their official SXSW showcase, the following actions are available to SXSW,” the contract said. It listed a number of consequences, including: “SXSW will notify the appropriate U.S. immigration authorities of the above actions.”

Walworth, whose band Told Slant was slated to perform at the festival in Austin, Texas next week, promptly tweeted his response:

Unlike other festivals that focus on a few major headliners and medium-level acts, SXSW, which had its inaugural festival in 1987, is one of the world’s premier showcases for emerging artists. According to Roland Swenson, the festival’s managing director, 62 international artists are slated to perform at this year’s festival. This year, SXSW will feature an event called “Contrabanned: #MusicUnites,” which will host acts from countries affected by President Donald Trump’s failed travel ban.

After Walworth, also a member of the bands Eskimeaux and Bellows, canceled his performance, Swenson issued a statement. “We were sorry to learn that one of our invited performers chose to cancel his performance at this year’s SXSW Music Festival due to a misunderstanding of our policies regarding international artists,” he said. Swenson continued:

We understand that given the current political climate surrounding immigration, the language that was published seems strong. Violating U.S. immigration law has always carried potentially severe consequences, and we would be remiss not to warn our participating acts of the likely repercussions.

Swenson said the clause in question is intended as “a safeguard to provide SXSW with a means to respond to an act that does something truly egregious, such as disobeying our rules about pyrotechnics on stage, starting a brawl in a club, or causing serious safety issues.”

Other artists, 35 as of Friday afternoon, joined Walworth in demanding SXSW to apologize, and to “immediately drop this clause from their contract.” In a letter directed at SXSW, the artists said: “SXSW is a well respected institution and has a responsibility to show leadership by refusing to collaborate with the government’s campaign of fear and hate toward non-citizens.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Federal Appeals Court Refuses to Reinstate Travel Ban: What You Need to Know https://legacy.lawstreetmedia.com/blogs/law/appeals-court-travel-ban/ https://legacy.lawstreetmedia.com/blogs/law/appeals-court-travel-ban/#respond Fri, 10 Feb 2017 18:49:36 +0000 https://lawstreetmedia.com/?p=58832

The case will likely head to the Supreme Court next.

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A federal appeals court late Thursday night affirmed a lower court’s decision to block President Donald Trump’s executive order that banned travel from seven countries to the U.S. The ruling is a blow to Trump’s efforts to clamp down on refugees and immigrants from “terror prone” countries the White House says pose a threat to U.S. security. Trump said the ruling was a “political decision,” and pledged to bring the case to the Supreme Court.

For now, refugees and visa-holders–who have already been vetted and admitted to the U.S. by the Department of Homeland Security–from Syria, Yemen, Iran, Iraq, Sudan, Somalia, and Libya will be allowed to travel and settle in the U.S. Trump’s executive order, issued on January 27, barred refugees from entering the U.S. for at least 120 days, and visa-holders for at least 90 days. Syrians–refugees and travelers–would have been blocked indefinitely.

The U.S. Court of Appeals for the Ninth Circuit, in San Francisco, deliberated for two days before coming to a conclusion. The three-judge panel unanimously agreed that the executive order could violate the Fifth Amendment, which prohibits the government from denying “life, liberty, or property, without due process of law.”

The three judges, appointees of Presidents Barack Obama, Jimmy Carter, and George W. Bush, said: “we hold that the Government has not shown a likelihood of success on the merits of its appeal, nor has it shown that failure to enter a stay would cause irreparable injury, and we therefore deny its emergency motion for a stay.” Trump tweeted his disapproval just moments after the court’s decision:

The road to the appeals court began last Friday, when a district court judge in Seattle granted a temporary restraining order on the travel ban. That judge, James Robart, sided with the states of Washington and Minnesota, the plaintiffs in the case, and said that because of the travel ban, the states “are likely to suffer irreparable harm in the absence of preliminary relief.” The White House immediately appealed to the court in San Francisco, and after a day of oral arguments and two days of deliberations, the appeals court affirmed Robart’s ruling.

The appeals court was unconvinced by the administration’s argument that the judiciary has no authority to question executive actions involving national security. “It is beyond question,” the decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.” The court did say the government should enjoy deference in matters of national security, but reiterated that those decisions are not “unreviewable.”

The Trump Administration will likely file an emergency appeal to the Supreme Court within the next few days. With the pending confirmation of Trump’s Supreme Court nominee Neil Gorsuch, the court has eight justices, which many consider ideologically split 4-4. If the case ends up in their docket, a 4-4 vote would keep the appeals court’s ruling in place. A Supreme Court hearing and decision could come as early as next week.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Starbucks is Offering Immigration-Related Legal Advice to its Employees https://legacy.lawstreetmedia.com/blogs/culture-blog/starbucks-immigration-legal-advice/ https://legacy.lawstreetmedia.com/blogs/culture-blog/starbucks-immigration-legal-advice/#respond Wed, 08 Feb 2017 22:28:11 +0000 https://lawstreetmedia.com/?p=58754

Starbucks continues to show its resistance to Trump's immigration ban.

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"Starbucks" courtesy of [Marco Paköeningrat]; License: (CC by-SA 2.0)

Starbucks announced Tuesday that it would offer free legal advice to employees regarding President Trump’s immigration executive order.

In a letter to employees, the company announced that the legal support for employees and family members would be provided via a new Immigration Advisory Program, set up in partnership with Ernst & Young. The letter stated that the company would be “leading with humanity” through the action.

Since its signing, the executive order has created massive confusion throughout the country after its hasty implementation and vague language left it unclear who exactly would be affected. As a result, many major U.S. corporations have pushed back against the order, as it would likely impact many of their employees.

Starbucks is proving to be one of the companies at the front and center of this corporate resistance. Last month, CEO Howard Schultz announced a plan to hire 10,000 refugees over the next five years. In the letter to employees, Schultz additionally affirmed his support for the Deferred Action for Childhood Arrivals (DACA) program, affordable healthcare for all employees, and the continuation of company business partnerships in Mexico. The letter demonstrated the company’s forceful opposition to many of the new administration’s main policies.

The company’s recent actions have not sat well with some Trump supporters–protestors made plans to boycott the brand as a result of its refugee hiring initiative. However, the #BoycottStarbucks trend also had the opposite effect, drumming up more support for the company.

Uber, Microsoft, Amazon, and many other big names in the tech industry have also vowed to provide immigration-related legal advice in the wake of the order. However, as BuzzFeed News notes, Starbucks stands out among the rest as an employer of predominantly low-wage workers.

Meanwhile, after a fairly political Super Bowl this past weekend and wave of anti-Trump retail boycotts, it’s clear that corporate America will continue to be pressured to take a stance on the current administration and its policies.

Mariam Jaffery
Mariam was an Executive Assistant at Law Street Media and a native of Northern Virginia. She has a B.A. in International Affairs with a minor in Business Administration from George Washington University. Contact Mariam at mjaffery@lawstreetmedia.com.

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A Profile in Shade: A Ranking of Pete Souza’s Instagram Posts https://legacy.lawstreetmedia.com/blogs/humor-blog/ranking-of-pete-souza-instagram-posts/ https://legacy.lawstreetmedia.com/blogs/humor-blog/ranking-of-pete-souza-instagram-posts/#respond Mon, 06 Feb 2017 16:59:53 +0000 https://lawstreetmedia.com/?p=58648

Find out which photo topped the list.

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"President's Photographer" Courtesy of Phil Roeder: License (CC BY 2.0)

With tensions rising in America, shade levels have been rising in direct proportion. A tiny bit of this shade and subtly savagery is coming from former official Obama White House photographer Pete Souza’s Instagram account.

Souza, who was also the official White House photographer for the Reagan White House, has been taking to his new Instagram account (the account he used during the Obama administration is now archived) to post photos from his time with the Obama White House, while also throwing some shade at President Donald Trump.

Many people and outlets have pointed out Souza’s shade, from people on Twitter to CNN and Teen Vogue.

Let’s take a little dive into this man’s glorious new Instagram feed, and rank his pointed posts by shade and savagery.

#5: Immigration Ban Posts

Many people criticized President Trump’s immigration ban last weekend that incited protests in different airports across the country. This criticism has been direct and heated. But Souza is far too shady to directly address the situation. Instead, Souza just posted two pictures relating to the refugee situation to respond. The first: a picture of Obama with a young refugee. The second: a picture of a six-year-old boy, Alex, who was so concerned about the well-being of a Syrian refugee that he wanted him to be his brother.

Why do these posts take last place on the list? Well, that’s because, while they’re perfectly shady, they’re a little too heart-tugging and emotional to be petty enough to be characterized as “savage.” Hundreds of stories have been written about the immigration ban and its effects on not only refugees but on American citizens, and these posts from Souza point to the perceived human costs associated with Trump’s executive order. These posts are a perfect introduction to the shade that Souza is throwing on Instagram, but they aren’t totally indicative of how subtly biting Souza’s posts can get.

Talking with a young refugee at a Dignity for Children Foundation classroom in 2015.

A photo posted by Pete Souza (@petesouza) on

Remember Alex, the six-year-old boy who wrote President Obama a letter about the Syrian boy photographed in the ambulance. Alex visited the Oval Office with his family the day after the election. "Dear President Obama, Remember the boy who was picked up by the ambulance in Syria? Can you please go get him and bring him to [my home]? Park in the driveway or on the street and we will be waiting for you guys with flags, flowers, and balloons. We will give him a family and he will be our brother. Catherine, my little sister, will be collecting butterflies and fireflies for him. In my school, I have a friend from Syria, Omar, and I will introduce him to Omar. We can all play together. We can invite him to birthday parties and he will teach us another language. We can teach him English too, just like my friend Aoto from Japan. Please tell him that his brother will be Alex who is a very kind boy, just like him. Since he won't bring toys and doesn't have toys Catherine will share her big blue stripy white bunny. And I will share my bike and I will teach him how to ride it. I will teach him additions and subtractions in math. And he [can] smell Catherine's lip gloss penguin which is green. She doesn't let anyone touch it. Thank you very much! I can't wait for you to come! Alex 6 years old "

A photo posted by Pete Souza (@petesouza) on

#4: Australia 

Now we’re getting into slightly more savage territory.

This Souza post shows Obama sharing a hearty and chummy laugh with the Prime Minister Malcolm Turnbull of Australia at the ASEAN gala dinner last September.

Did Souza post this just because he thought the lighting was particularly good in this shot? Absolutely not. This was posted in the midst of the new Trump-Australia feud and after The Washington Post reported that the phone call between Trump and Turnbull was somewhat contentious.

Per The Washington Post:

. . . President Trump blasted Australian Prime Minister Malcolm Turnbull over a refu­gee agreement and boasted about the magnitude of his electoral college win, according to senior U.S. officials briefed on the Saturday exchange. Then, 25 minutes into what was expected to be an hour-long call, Trump abruptly ended it.

At one point, Trump informed Turnbull that he had spoken with four other world leaders that day — including Russian President Vladi­mir Putin — and that “this was the worst call by far.”

The beauty of this post lies in how subliminal it is. This is a technique that we will see Souza employ for numbers 3 and 2 of our ranking.

#3/#2 (Tie): Mexico and Merrick Garland

We have a tie. We have this tie because these two posts are uniquely shady in their own ways, thus making it impossible to choose which one is superior to the other.

Let’s begin with the Merrick Garland post.

Merrick Garland. Just saying.

A photo posted by Pete Souza (@petesouza) on

For context, Merrick Garland is, of course, the Obama Supreme Court nominee who never received a Senate confirmation hearing. Many people have cried foul over this because Garland was respected by politicians on both sides of the aisle. And last week Trump nominated Neil Gorsuch for the Supreme Court.

What makes this post so great is the fact that Souza posted this picture of Obama and Vice President Joe Biden with Garland a couple of hours before Trump announced his pick for SCOTUS nominee. The other thing that makes this post great is the simplicity of the caption, especially the second part. “Just saying.”

Just saying. 

This caption is also 100 times better if you read Just saying the same way André 3000 says “Just playin'” after he describes his very specific (read: petty) hope that a pretty but stuck up young woman (Caroline) will speed in her car on the way to the club trying to hurry up to “get some” baller or singer (or somebody like that) and while driving try to put on her makeup in the mirror but because of her inability to multitask she will crash, crash, crash into a ditch.

We then move on to the picture that Souza posted of Obama drinking tequila with Mexico’s president Enrique Peña Nieto.

This one is pretty self-explanatory. It’s no secret that Trump has a dicey relationship with Nieto (see: border wall). Things seemed to have reached a kind of boiling point the other day when The Washington Post reported that Trump had a heated phone call with Nieto, who canceled a planned meeting with Trump. Then, The Associated Press reported that Trump told Nieto that “he was ready to send U.S. troops to stop “bad hombres down there” unless the Mexican military does more to control them.”

The whole situation with the relationship between Trump and Nieto would make this post go pretty high on the list, but what truly makes it so perfectly shady is what is maybe an unintended feature of the picture. If you will notice, Obama bears a striking resemblance to an insanely popular meme/gif. Click this link to see if you can make the rainbow connection.

#1: Then It Was on Day One…

Congratulations, you’ve made it to the end.

The absolute shadiest/pettiest/subtly savage post Souza has made came on the very first day of Trump’s presidency when Souza took a moment to comment on some of the aesthetic changes to the Oval Office.

I like these drapes better than the new ones. Don't you think?

A photo posted by Pete Souza (@petesouza) on

The drapes that hang behind the Resolute desk are now gold, which isn’t much of a surprise because, if you didn’t know, our president is Donald Trump.

Why does this post take the number one spot? Because the whole thing is about drapes. That’s it–drapes. How petty do you have to be to go after a man’s choice of drapes? And imagine how shady you have to be to go after the drapes of the man who replaced your former boss.

Also, this was posted on Day 1 of Trump’s presidency. Day. 1.  This is a day after anarchists took to the streets to set a limo ablaze and bust the window of a Starbucks and the same day millions of women around the globe marched in protest of the new president and his problematic views and behavior, and this man was ruthless enough to take to his Instagram account to go in on the new president’s new drapes. Souza is audacious. This is like if “I don’t know her” were an Instagram post. This is why this post is and will always be the most petty/shady/savage post Souza will ever make on Instagram.

There are no signs that Souza will stop posting his shadiness on Instagram any time soon. Not only does he post pictures with captions that comment on our current political situation, but he also posts a ton of pictures that are objectively beautiful that were taken throughout his career as a photographer.

It’s just too bad that Souza is no longer around the Obamas to take a better-framed and less-grainy photo of this iconic moment in the life of the former president of these United States:

You can follow Pete Souza on Instagram @petesouza.

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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Lawyers Rush to Help Travelers as Confusion Continues https://legacy.lawstreetmedia.com/blogs/law/lawyers-travelers-trump-ban/ https://legacy.lawstreetmedia.com/blogs/law/lawyers-travelers-trump-ban/#respond Tue, 31 Jan 2017 20:05:36 +0000 https://lawstreetmedia.com/?p=58539

It took a lot of manpower to sort out, and the work isn't done yet.

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"Trump International Hotel" courtesy of Mike Maguire; license: (CC BY 2.0)

When Donald Trump signed an executive order that banned travelers from seven predominantly Muslim countries, it came as a shock to most people. All of a sudden, families were stranded abroad, students couldn’t return to school, and refugees from war zones were denied entry. But immigration lawyers had suspected this was coming, based on rumors from the White House, and had already begun to prepare. Last Wednesday, a group of lawyers from the Urban Justice Center called for additional attorneys who could volunteer at airports where refugees were scheduled to arrive, in case an order like the one that came on Friday was announced. When that exact thing happened, lawyers willing to volunteer headed to airports across the country.

In New York, Andre Segura, a lawyer with the American Civil Liberties Union (ACLU) arrived at JFK International Airport and said that one section of the airport was completely flooded by lawyers. “There were attorneys from numerous major law firms, nonprofits, all working together,” he said. “I’ve never seen that immediate coming together of teams to start filing actions to try to protect people.” Thousands of Americans protested outside airports, as lawyers were inside trying to talk to family members of detained travelers and offer their legal services pro bono. Many of these lawyers didn’t sleep all night and didn’t eat. Pictures on social media showed them sitting on floors, with laptops and phones connected to the airport’s power outlets.

On Saturday night, Federal Judge Ann Donnelly announced that people with valid visas could not be sent back to where they came from, as there “is imminent danger” that there will be “substantial and irreparable injury” if they are sent back. Big crowds of people had gathered outside the courthouse and cheered the decision, but the lawyers’ work had just started. The judge’s ruling only specifically said not to send travelers back, but did not say that the detained were free to enter the U.S.

On Sunday, Customs and Border Protection Agents defied the court order, according to several congressmen and lawyers. “Four members of Congress asked CBP officials to enforce a federal court order and were turned away,” wrote Representative Don Beyer on Twitter. In New York, an Iranian Fulbright scholar was put on a plane to be sent back to Iran several hours after the airports had received orders to stop sending people away. She was forced onto an airplane, where she asked the crew to let her out but was ignored. The plane started preparing for takeoff before attorneys finally managed to persuade officials to let the woman out. Becca Heller, director of the International Refugee Assistance Project, said on Sunday that CBP agents handcuffed people, forced them onto departing airplanes, and tried to make detainees surrender their green cards.

One of the most difficult tasks for the lawyers was to determine how many people were in custody, as customs officials wouldn’t provide an answer, despite pressure from congressmen and New York Mayor Bill de Blasio’s office. This meant that the lawyers needed to improvise most of their work, handwriting signs stating “immigration lawyer” in the hope that family members of detained people would approach them for help. Many lawyers were also shocked by what they were witnessing. “I’ve never seen anything like this in my practice. Maybe if we look back to Chinese exclusion laws in the 1800s,” said one of the volunteer lawyers, Jonathan Mulligan.

Some volunteer lawyers were physically at the airports, but other lawyers worked on litigation from their offices. “I was sitting at my desk working on a template habeas petition that could be used by lawyers at airports all around the country,” said Cecillia Wang, deputy legal director of the ACLU. Omar Jadwat, director of the ACLU’s Immigrant Rights Project, said getting together the paperwork that led to the judge’s stay was not an easy task; they didn’t have anything prepared in advance but had to rush to get something together when Trump’s order came.

And even after the judge’s order, confusion ruled at airports. On Monday it was still unclear how many people remained detained. Although the Department of Homeland Security claimed that everyone had been released, attorneys say that claim is impossible to verify, as the department still hasn’t released a list of names. Judge Donnelly also ordered government attorneys to hand the ACLU a complete list of names of those who were detained, but they have yet to comply. In Washington D.C., some lawyers who were told there were no detainees left at the airport suspect that they have secretly been taken to detention centers, despite the court order.

But a tweet by the volunteer group at JFK suggests that only one person was still in custody late Sunday night. Though those numbers are not officially confirmed, it seems hopeful, largely thanks to the hard work of these lawyers.

Emma Von Zeipel
Emma Von Zeipel is a staff writer at Law Street Media. She is originally from one of the islands of Stockholm, Sweden. After working for Democratic Voice of Burma in Thailand, she ended up in New York City. She has a BA in journalism from Stockholm University and is passionate about human rights, good books, horses, and European chocolate. Contact Emma at EVonZeipel@LawStreetMedia.com.

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How Will Trump’s Hiring Freeze Affect New Lawyers? https://legacy.lawstreetmedia.com/schools/will-trumps-hiring-freeze-affect-new-lawyers/ https://legacy.lawstreetmedia.com/schools/will-trumps-hiring-freeze-affect-new-lawyers/#respond Mon, 30 Jan 2017 17:33:22 +0000 https://lawstreetmedia.com/?p=58514

Opportunities in the government might dry up, but immigration law is in need of new hands.

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Image Courtesy of John Taylor; License: (CC BY 2.0)

On January 23, President Donald Trump signed an executive order halting all government hiring. The move drew criticism from those who argue the freeze would disrupt crucial government services and programs. The freeze prohibits every federal agency, excluding those related to the military, public safety, and public health, from hiring new employees.

This means that for the foreseeable future, agencies must make do with the staff on hand. Federal agencies are even barred from filling vacancies left by outgoing employees. Lawyers are among the plethora of current and prospective public employees affected by the president’s order.

A report by the Bureau of Labor Statistics estimates the federal government employed about five percent of the nation’s practicing lawyers in 2014, which equates to about 39,000 jobs. However, assuming the hiring freeze remains in place, this number is likely to stagnate and drop in the coming years. The incapacitation of this sizable employer will force newly graduated lawyers to alter their job search strategy. The freeze will mostly affect graduates entering job markets in or near government job centers.

As with many of his orders, the language describing the hiring freeze is vague. It is unclear whether the Department of Justice or the Department of Health and Human Services, for example, are exempt based on their importance to public safety and public health respectively.

Therefore, some graduates aspiring to work in the federal government may still have luck. Nonetheless, though Trump may have closed the door on many graduates who hoped to serve the public by entering the federal government, he has inadvertently opened doors in other industry sectors.

In the days and weeks following election night, immigration lawyers reported being swamped by calls and emails from immigrants hoping to learn what a Trump presidency might mean for them. Overnight, Trump’s inflammatory campaign rhetoric was transformed into impending immigration policy. Only days into his term, Trump began signing executive orders that would realize the type of hardline policies he had long threatened.

On January 25, Trump signed two orders that, among other things, called for the construction of wall along the Mexican border, an uptick in deportation efforts, and funding cuts to sanctuary cities. Two days later, the president signed an order that banned the entry of all non-citizens arriving from seven Muslim-majority countries. Both of these orders resulted in large public protests throughout the country.

As private citizens mobilized in the wake of Trump’s latest order, so too did immigration lawyers who began flocking to airports around the country and offering pro bono counsel to those detained. Assuming the Trump administration continues down its current path, immigration lawyers are likely to be in high demand. New lawyers hoping to serve the public may be frozen out of the federal government. But immigration law has, and will continue to be, an area in dire need of individuals dedicated to serving the public by any means necessary.

Callum Cleary
Callum is an editorial intern at Law Street. He is from Portland OR by way of the United Kingdom. He is a senior at American University double majoring in International Studies and Philosophy with a focus on social justice in Latin America. Contact Callum at Staff@LawStreetMedia.com.

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#DeleteUber Trends After Company Continues Operating at JFK Airport https://legacy.lawstreetmedia.com/blogs/technology-blog/deleteuber-trends-jfk/ https://legacy.lawstreetmedia.com/blogs/technology-blog/deleteuber-trends-jfk/#respond Sun, 29 Jan 2017 20:15:33 +0000 https://lawstreetmedia.com/?p=58506

The ridesharing app falls under fire.

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Image courtesy of Núcleo Editorial; License:  (CC BY 2.0)

After President Donald Trump’s refugee and travel ban caused chaos and protests at airports on Saturday, New York taxis refused to pick up passengers from JFK airport. But taxi competitor Uber took advantage of the situation, by continuing to offer rides and restricting surge prices–and is now being criticized as inappropriate and opportunistic. #DeleteUber has trended as a result.

The NY Taxi Workers Alliance announced yesterday evening that it was going to cease picking passengers up at the airport:

About 30 minutes after the strike was announced, Uber tweeted out that it would still be operating and wouldn’t implement surge prices–a normal phenomenon when there’s a lot of demand.

Uber later declared that it didn’t intend to make a political statement. It read: “We’re sorry for any confusion about our earlier tweet—it was not meant to break up any strike. We wanted people to know they could use Uber to get to and from JFK at normal prices, especially tonight.” But, many people were still upset by Uber’s move, and the hashtag #DeleteUber shows why:

Uber’s major competitor, Lyft, also drove to and from JFK last night. But this morning, Lyft released a statement, pledging its support to the protesters, and a promise to donate $1 million to the ACLU over the next four years. The cofounders, John Zimmer and Logan Green, wrote in a blog post:

This weekend, Trump closed the country’s borders to refugees, immigrants, and even documented residents from around the world based on their country of origin. Banning people of a particular faith or creed, race or identity, sexuality or ethnicity, from entering the U.S. is antithetical to both Lyft’s and our nation’s core values. We stand firmly against these actions, and will not be silent on issues that threaten the values of our community.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Trump Makes Good on Mexican Border Wall Promise https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-makes-good-on-mexican-border-wall/ https://legacy.lawstreetmedia.com/blogs/politics-blog/trump-makes-good-on-mexican-border-wall/#respond Wed, 25 Jan 2017 20:25:44 +0000 https://lawstreetmedia.com/?p=58400

Trump is cashing in on a few campaign promises.

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Image Courtesy of Gage Skidmore; License: (CC BY-SA 2.0)

President Donald Trump signed an executive order Wednesday that fulfilled, at least partially, his campaign promise of building a “beautiful wall” on the Mexican border. According to Trump’s spokesman Sean Spicer, the order will direct the Department of Homeland Security to use existing funds and resources to begin work on the wall, perhaps as early as next month. Drafts of another executive order signal Trump will enact strict visa bans for immigrants from “terror prone” nations. He is also expected to temporarily bar refugees from Muslim-majority countries.

Those executive orders have yet to be signed, but they imply Trump will follow through with his promise to clamp down on immigration, whether from Latin America or the Middle East and Africa. Trump signed the executive action on the Mexican border wall at the DHS headquarters Wednesday afternoon. Any additional funding for the wall, which Trump has promised will ultimately come from Mexico’s coffers, would need congressional approval.

According to another executive order draft on immigration and refugees, Trump will authorize a freeze on refugees fleeing civil wars in Syria, Afghanistan, Iraq, and Somalia. Exceptions will be made for religious minorities who are escaping persecution. The order will also temporarily block visas for immigrants from Muslim-majority countries–Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen–until stricter vetting procedures are in place.

“To think that Trump’s first 100 days are going to be marked by this very shameful shutting of our doors to everybody who is seeking refuge in this country is very concerning,” Marielena Hincapié, executive director of the National Immigration Law Center, told The New York Times. “Everything points to this being simply a backdoor Muslim ban.” It is unclear if Trump will block Muslims from other Muslim-dense countries–Indonesia, Egypt, Saudi Arabia, and others–from coming to the U.S.

A draft of another executive order Trump is considering reviews bringing back CIA “black sites,” all of which President Obama shuttered during his first week in office in 2009. But the draft is clear that the Trump Administration will not bring back water torture, a move he flirted with on the campaign trail. The draft states: “no person in the custody of the United States shall at any time be subjected to torture, or cruel, inhuman or degrading treatment or punishment, as described by U.S. or international law.”

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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Obama Moves to Prevent Trump from Enacting Muslim Registry https://legacy.lawstreetmedia.com/blogs/politics-blog/obama-prevent-trump-muslim-registry/ https://legacy.lawstreetmedia.com/blogs/politics-blog/obama-prevent-trump-muslim-registry/#respond Thu, 22 Dec 2016 20:34:09 +0000 http://lawstreetmedia.com/?p=57785

He dismantled a visitor registry that hasn't been used in over five years.

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"obama" courtesy of dcblog; License: (CC BY-ND 2.0)

President Barack Obama continued his flurry of 11th-hour moves on Thursday, submitting a final rule to formally end a registry that has not been in use since 2011. It’s the latest in a string of preemptive actions meant to prevent his successor, President-elect Donald Trump, from making good on campaign promises Obama and other Democrats oppose.

The Justice Department under George W. Bush called for the database, the National Security Entry-Exit Registration System (NSEERS), after the 9/11 terrorist attacks. Kris Kobach, Kansas Secretary of State and member of Trump’s transition team, assisted with the creation of the database. The program registered visitors to the U.S. from certain African and Middle Eastern countries: Iraq, Iran, Libya, Sudan, Syria, and 20 others. Deemed ineffective and out of date by many Department of Homeland Security (DHS) officials, the program has not been in use since 2011.

Obama’s rule change will effectively erase the regulations for one tool that Trump might have used to make good on his campaign promise of registering all Muslims in the country. DHS’s final ruling said the database is “redundant, captured data manually that was already captured through automated systems, and no longer provided an increase in security in light of DHS’s evolving assessment of the threat posed to the United States by international terrorism.”

Although the program has been dormant since 2011, a 2012 report from the DHS inspector general indicated senior officials had been trying to discontinue the database since 2006. “Information obtained from fingerprints, flight manifests, travel and identification documents and intelligence sources is more valuable in determining who poses a potential national security risk,” the report said, adding that the database has “no discernible public benefit.”

Trump’s latest indication of what he might do to fulfill his immigration promises came Wednesday in Florida. He was asked if he would temporarily ban Muslim immigrants, or create a registry for Muslims, Trump replied: “You know my plans.” A spokesman clarified that the president-elect was referring to his plans to block visitors from countries with histories of Islamic extremism from entering the country.

President Obama’s final ruling is set to take effect immediately after it’s published in the Federal Registry on Friday.

Alec Siegel
Alec Siegel is a staff writer at Law Street Media. When he’s not working at Law Street he’s either cooking a mediocre tofu dish or enjoying a run in the woods. His passions include: gooey chocolate chips, black coffee, mountains, the Animal Kingdom in general, and John Lennon. Baklava is his achilles heel. Contact Alec at ASiegel@LawStreetMedia.com.

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