Within days of taking office President Trump issued an Executive Order that would, among other actions temporarily, suspend the entry into the United States, of citizens of seven countries that are associated with terrorism and/or are unwilling or unable to verify the identities and backgrounds of their citizens.
Those countries were: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.
In this dangerous era it is difficult to prevent the entry of foreign terrorists from many countries. However, when it is impossible ascertain the true identities or previous affiliations with criminal or terrorist organizations for aliens seeking entry, our government is forced to “fly blind” in a storm.
Trump’s Executive Order was issued to provide the U.S. government with an opportunity to attempt to develop a means of properly vetting aliens from these countries and was entirely consistent with long-standing immigration laws, specifically with Section (f) of 8 U.S. Code § 1182 – Inadmissible aliens).
This statute has been used by previous presidents to prevent the entry of aliens whose presence would be “detrimental to the interests of the United States.”
Terrorists certainly fall into that category.
Here is the relevant paragraph:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Subsequently, the Trump administration eliminated Iraq from the list of countries and “tweaked” his executive order that has been largely described in the media as a “Travel Ban” for the citizens of “Six Muslim Majority Countries.” The media, out of an apparent desire to obfuscate the purpose of this Executive Order, has assiduously ignored the actual title of the Executive Order, Protecting the Nation from Foreign Terrorist Entry Into the United States which concisely articulates the purpose of that Executive Order, a purpose that is now blithely being ignored by the media and some federal judges.
Nevertheless, on June 26, 2017 the Supreme Court decision inexplicably exempted aliens from the Executive Order who had “bona fide relationships” with close family members or entities in the United States. Here are two relevant paragraphs from the Supreme Court decision:
For individuals, a close familial relationship is required. A foreign national who wishes to enter the United States to live with or visit a family member, like Doe’s wife or Dr. Elshikh’s mother-in-law, clearly has such a relationship. As for entities, the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2. The students from the designated countries who have been admitted to the University of Hawaii have such a relationship with an American entity. So too would a worker who accepted an offer of employment from an American company or a lecturer invited to address an American audience.