On Thursday, hours before “Travel Ban 3.0″ was scheduled to commence, the federal judge in Hawaii, Derrick Watson, blocked the ban on the basis of it being a “religious discrimination.” This ban has been blocked on two previous occasions by federal judges, and though it has been revised each time with more explanations to the basis for it, federal judge Derrick Watson believes that “it lacks sufficient finding that the entry of more than 150 million nationals from six specified countries would be detrimental to the interests of the United States.” This block puts a significant strain on the Trump administration, as this further delays the actions they wish to implement in relation to the new order.
What does the newly revised travel ban entail? This executive order bans individuals from six Muslim-majority countries: “Iran, Libya, Somalia, Sudan, Syria and Yemen from entering the United States for 90 days and all refugees for 120 days.” Judge Derrick Watson stated that this ban “plainly discriminates based on nationality as it violates the 1965 Immigration & Nationality Act which forbids the discrimination in the issuance of immigration visas on the basis of nationality.” This ban has been deemed unconstitutional and its implementation has therefore temporarily frozen.
CNN Chief Legal Analyst, Jeffrey Toobin, has stated that the Trump administration “may have a better chance in the supreme court because the supreme court tends to be more conservative while courts in the region covered by the 9th Circuit tend to be more liberal.” The travel ban states that if individuals from these six specific nations have a strong tie to the United States, such as being closely related to citizens who reside in the US or being accepted by a US university, they will be allowed to enter the United States.
Individuals, including Judge Derrick Watson and Judge Theodore D. Chuang, are in opposition to the Trump Administration travel ban as they believe the basis of the executive order is illegitimate. On the contrary, the Justice Department has said that it will defend the new travel ban as “the President’s Executive Order falls squarely within his lawful authority in seeking to protect our Nation’s security.”
If this “Travel Ban 3.0” is approved by the Supreme Court and put in full effect, many nations will be affected. The history of the US is primarily based upon refugees fleeing their native countries to build a new life in the US. America has been known to accept persons from different backgrounds- accepting as many as 70,000 refugees each year. If the United States refuses to accept these individuals who are in grave danger, the question of where will these individuals go for safety arises. Trump’s main reason behind this travel ban is to protect the citizens of America from possible terrorist attacks from these six targeted countries. Trump deems this action necessary in order to improve the vetting procedures aimed to prevent possible terrorists that might enter the US.
The final decision of whether or not this travel ban will be enforced lies within the hands of the Supreme Court. Due to the recent rejections from federal district judges, the Trump administration must, once again, delay the enforcement of their travel ban.