The Legal Case Agains the Muslim Ban Thiru Vignarajah

Police officers block demonstrators from marching on the lower roadway during a protestation confronting President Donald Trump's executive order banning travel from seven Muslim-majority countries, at Los Angeles International Airport on Sunday, Jan. 29, 2017.

Ryan Kang, Associated Press

Hours after taking role, President Joe Biden issued an executive society overturning the Trump administration'southward ban on travelers from a handful of bulk-Muslim countries in a movement that some faith leaders meet every bit a victory for religious freedom.

The guild, released aslope other executive actions related to the COVID-19 pandemic, climatic change and the economy, is part of the new administration'due south broader push button to ease clearing restrictions.

Religious leaders from a variety of denominations thanked Biden for his swift activeness, noting that the lodge will enable families who were separated by the ban to reunite.

"Nosotros have fought tirelessly for this moment," said Iman Awad, the legislative director for Emgage Action, a Muslim civic advocacy grouping. "While its night legacy volition remain and must be remembered, we are hopeful to celebrate an end to this horrific ban, one time and for all."

Krish O'Mara Vignarajah, who is president and CEO of Lutheran Immigration and Refugees Services, said the executive order will restore the country's reputation every bit a refuge for people in need around the world.

"The Biden administration has renewed our faith in America equally a welcoming nation by ending this harmful, racist ban. We look forward to resuming the lifesaving work of resettling refugees, regardless of where they were born or how they worship," she said.

It will also make it clear that Americans practice non stand for religious bigotry, said Amanda Tyler,executive director of the Baptist Joint Commission for Religious Liberty.

"Religious freedom is threatened when our leaders utilise fear and othering to exclude unabridged groups of people from our country based on their religious identity," she said.

The new order is a testament to the many people of religion who fought confronting the travel ban over the past four years, said Farhana Khera, the executive director of Muslims Advocates, a Muslim ceremonious rights organization.

"This is an unprecedented victory for Muslims and allies, who flocked to airports to protest this ban and never stopped fighting and organizing to bring information technology to an end," she said.

As Khera noted, protesters flooded airports across the country in protest in the days after Trump released the first iteration of his travel ban in January 2017. Information technology barred travelers from Republic of iraq, Syrian arab republic, Iran, Libya, Somalia, Sudan and Yemen from entering the United States for 90 days.

Within days, advocacy groups challenged the social club in court and several federal judges blocked its implementation. But, rather than drib their endeavour, the Trump administration issued a 2d version of the travel ban a few weeks later, which amended the listing of affected countries.

This second ban, like the first, was held up past lawsuits soon after it was signed.

In September 2017, Trump updated the policy, issuing a presidential announcement barring travelers from six bulk-Muslim countries, besides equally North korea and Venezuela. They justified the move by highlighting the countries' failures to keep American officials updated on potential terrorist threats.

Over again, advocacy groups challenged the travel ban in courtroom and ane of the cases, Trump v. Hawaii, fabricated information technology all the way to the Supreme Court.

Opponents of the ban argued that the president lacked authority to make such a change to clearing policy. They besides said Trump was guilty of religious discrimination.

"Any reasonable observer who heard the president's campaign promises, read his thinly justified orders banning overwhelmingly Muslim populations and observed his administration'due south persistent statements linking the 2 would view the (travel bans) as the fulfillment of the president's promise to prohibit Muslim immigration to the The states," wrote attorneys for the land of Hawaii in their Supreme Court cursory.

In June 2018, the Supreme Courtroom upheld the third iteration of Trump'southward travel ban, explaining that the president has broad authorization to act to protect the land from potential security threats.

"The proclamation (on travel) is squarely within the telescopic of presidential authority," wrote Principal Justice John Roberts in the majority stance.

Although the 5-4 ruling kept the travel ban in place, clearing advocates did not terminate fighting against the policy. They pushed for legislation that would limit the types of travel policies a president could put forward, which the Firm of Representatives passed in July 2020.

Several Muslim groups highlighted that legislation, known every bit the No Ban Act, in their statements on Biden'southward executive social club, calling on lawmakers to do what they can to ensure that futurity presidents can not reinstate Trump's travel ban.

Faith-based immigration advocates also asked the new president to take additional activity to ensure that Muslim families tin can quickly reunite.

"This executive action is merely step one. People harmed by the ban will withal need to navigate a bureaucratic minefield," Khera said. "The Biden administration must take sweeping executive activity to clear away those hurdles and reunite families as presently every bit humanly possible."

Although there is much work yet to be done, at that place is nevertheless much cause for commemoration today, Vignarajah said.

"This feels like the lite at the end of a very long, very toxic tunnel," she said.

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Source: https://www.deseret.com/indepth/2021/1/20/22239381/biden-undoes-trump-travel-ban-affecting-muslim-majority-countries-immigration-policy

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