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US Court of Appeals Trumps Trump

Trump’s Immigration Ban Struck Down In U.S. Court of Appeals

Sarah+Adams%2C+11%2C+and+Elizabeth+Hattal%2C+11%2C+protest+at+President+Trump%27s+rally+last+weekend.+
Sarah Adams, 11, and Elizabeth Hattal, 11, protest at President Trump's rally last weekend.

Sarah Adams, 11, and Elizabeth Hattal, 11, protest at President Trump's rally last weekend.

Photo Credit Elizabeth Hattal

Photo Credit Elizabeth Hattal

Sarah Adams, 11, and Elizabeth Hattal, 11, protest at President Trump's rally last weekend.

Izzy Carvalho

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Since Trump’s inauguration, one of his main focuses has been cracking down on immigration — something he vowed to do on his campaign trail. Within a week into Donald Trump’s presidency, President Trump issued a travel ban through the use of an executive order. The ban, which went into effect on January 27th, banned entry of people and refugees from seven Muslim majority countries: Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya.

The travel ban states that all refugees are banned for 120 days and refugees from Syria are banned indefinitely. The ban affects those who hold temporary visas and are in the US (such as students or fiancées of US citizens), those who recently acquired an immigrant visa, and some of those with green cards or special immigrant visas (such as Iraqi translators who helped the United States military). There are exceptions to the ban, such as refugees from minority religious groups. Additionally, those with dual citizenship or certain government visas are exempted from the ban.

Trump justifies the selection of the countries since they were designated by the Obama’s administration as posing national security risks. The executive order also states that the visa-issuance process plays a “crucial role” in “detecting individuals with terrorist ties and stopping them from entering the United States.”

Ever since the ban has been implemented, there has been a major split with many supporters applauding Trump on his efforts to keep America’s borders safe and many protesters outraged by the ban, which they believe to be fueled by xenophobia and hatred towards Muslims. The popularity of this executive order has been fairly split with 41% of Americans disagreeing with the executive order and 49% of Americans agreeing with it according to a poll conducted by Reuters.

We’re a country built off immigrants so it’s wrong to block people from coming into the country,” states senior Kolin Marsh. “It’s obvious the travel ban is directed towards Muslims and Trump is targeting that specific group.” Sarah Adams, junior, agrees with Marsh. “I don’t think it is an ethical or an effective way to fight terror.”

Trump’s administration has been quick to contest accusations that the ban was targeted at Muslims. Trump’s Homeland Security Secretary, John Kelly, claimed during a press conference that the ban was “not a ban on Muslims” and only “a temporary pause that allows us to better review the existing refugee and visa vetting system.”

“I think the ban does directly target those of the Muslim faith. Trump even originally discussed the travel ban as a ‘Muslim ban.’ I think it’s rooted in not only xenophobia, but specifically Islamophobia, because a widespread false association has been one between the Muslim faith and terrorism. Trump’s ban is a manifestation of this hatefully skewed mindset, which is the main reason I don’t support the ban,” shares Adams.

However many people, such as junior Gavin Gamel, believe that the ban has nothing to do with religion. “The ban is not targeted at a specific group of people and it is not a ‘Muslim ban.’ The ban was placed on countries that are potentially threatening to the United States.”

Trump’s Press Secretary, Sean Spicer, also established that the executive order is “not a travel ban” and  “is reasonable and necessary to protect our country” in a press conference held on January 31st. Gamel agrees, stating, “The travel ban will make our country safer by limiting immigration from jihadist torn countries in order to keep those threats from finding a way in among refugees.”

However, Adams argues, “The ban will only create a bigger divide between America and these countries, rather than creating safety for Americans. Seems more like falsified safety for individuals such as Trump, not a true resolution, or one with the right intentions.”

A few days following the ban , many federal judges stood up and took measures to strike it down in court. On January 28th, a judge in New York  ruled that authorities could not remove individuals from the seven countries who had arrived in US airports after the order had been issued, therefore effectively blocking part of the ban. On January 29th, a judge in Massachusetts ordered that the government could not detain or remove those who arrived legally from the seven countries. This order was also followed by a statement from Obama, who stated that he “fundamentally disagrees with the notion of discriminating against individuals because of their faith or religion.”

On February 3rd a U.S. District Court Judge, James Robart, blocked the ban nationwide, stating that states  “have met their burden of demonstrating that they face immediate and irreparable injury as a result of the signing and implementation of the executive order.” Trump’s administration immediately appealed the ruling. The U.S. Court of Appeals for the Ninth Circuit reviewed the case and determined that the executive order was to remain blocked in a publication filed on February 9th. Trump immediately lashed out against this decision, tweeting, “SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!”

“I don’t agree with the court’s decision to strike down the ban because the ban was not unconstitutional,” states Gamel. “However, I accept the matter despite disagreeing with it.”

Since his original ban was denied, Trump’s administration has been working on “releasing a tighter, more streamlined version of the first executive order” according to John Kelly. The draft of the new executive order, while subject to revisions before being signed, will supposedly  include the same seven countries in the first order and exempt travelers who have a Green Card or Visa. Additionally, refugees citing religious persecution, such as Christians, will not receive special consideration in the new order.

“I think it’s right for Trump to create a new executive order,” shares Gamel. “Especially if it is written in a way that will clear up confusion among those against the ban.”

Many expect President Trump will sign the new executive order sometime this week.

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US Court of Appeals Trumps Trump