Trump Signs Second Immigrant Ban Into Effect

Trump’s Muslim ban comes back for a sequel that nobody really wanted

Trump has signed a second executive order banning travel from six majority-Muslim countries. Feel free to join us in a heavy sigh as we dial our representatives yet again.

The first immigration-focused executive order was signed on January 27. It caused significant chaos at international airports throughout the United States, with numerous foreign-born people detained or deported. Protesters throughout the nation voiced their disapproval, while numerous immigration lawyers offered pro-bono work on behalf of detainees.

Multiple lawsuits were filed against the ban, resulting in a nationwide stay issued by a federal judge on February 3rd. The Trump administration attempted to appeal that decision. However, it was  blocked by a unanimous ruling from a three-judge panel. Trump responded with his usual grace and aplomb.

Like its predecessor, this second executive order bans the issuance of visas to citizens of selected majority-Muslim countries. It also bars travel to the U.S. from those countries for 90 days. The U.S. refugee program is to be suspended entirely for 120 days. The number of refugees entering country for this fiscal year has been capped at 50,000 (previous numbers typically topped 100,000 entries).

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Differences from its predecessor

However, there are a few significant differences. For one, the previous order banned travel from Iraq. However, Iraq has promised to “increase cooperation with the U.S. government on the vetting of its citizens applying for a visa to travel to the United States”. It’s now off the list of banned countries. The current list includes Iran, Libya, Somalia, Sudan, Syria and Yemen.

The current order applies only to non-visa holders. Individuals with visas and green cards should legally be able to enter the U.S. The first travel ban was implemented with about as much organization and sophistication as you might expect. It proved to be immensely confusing and frightening for many. Airport officials and travelers alike didn’t know what was happening.

At the time, few were sure what was happening. Who was getting into the country? Who wasn’t? What were immigration officers doing, exactly? It was a tumultuous mess. Numerous legal permanent citizens (who had already passed multiple vetting procedures) were initially banned from the country.

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Furthermore, other differences affect the timing of the executive order. This new travel ban will not go into effect until March 16, allowing for a more measured response. It also removes exemptions for religious minorities. The original order also banned Syrian refugees indefinitely.

But do these differences mean that Trump’s immigration fight is over? It’s unlikely. While the delayed roll-out of the immigration order will likely make it less dramatic, it’s still on shaky legal ground.

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It’s not even clear how legal the first order was, or whether or not legal challenges to that order will still go forward. At the very least, this second immigration ban will face staunch opponents both on the ground, in the courts, and (hopefully) in Congress.