Immigration Law Blogs on ILW.COM
, 03-16-2017 at 11:04 AM (1270 Views)
The following comment includes revisions made as of March 17 at 9:02 am:
A federal district court judge in Hawaii, Derrick Watson, late in the day on March 15, issued a temporary restraining order putting a nationwide hold on Trump's latest version of the ban on entry to the US by some 100 million citizens of six 99 per cent Muslim countries.
In his opinion, the judge cited a mountain of evidence, both during the presidential campaign and after his inauguration, that the ban was motivated by an intent to disfavor Muslims and their religion, in violation of the guarantee of religious freedom in the first Amendment to the Constitution.
Trump's history of attacking all Muslims as potential terorists as the motivation for the six country ban and his previous seven country version (which Trump said as recently as March 15 that he wishes he had stuck with!) is so obvious that it cannot be seriously challenged.
However, Trump's lawyers are now claiming that the court should have disregarded the obvious truth and accepted Trump's alternative version of reality, that the ban is somehow related to national security despite the very thin veneer of evidence to support that claim produced so far, because many of his antt-Muslim statements were made during the presidential campaign, when candidates will say anything and everything to get elected, rather than after he actually took office.
This ignores the fact that everything Trump has done and said about admitting Muslims to the US is entirely consistent with what Trump said about Muslims and threatened to do to them during the campaign.
Trump's Orwellian insistence that the courts should disregard the open and obvious hatred of Muslims in which he has been revelling ever since he called for a world-wide ban on Muslim entry to the US in December, 2015, would do more than merely violate the religious freedom guaranteed to all Americans, Muslims not excepted, by the First Amendment to our Constitution.
In addition to paraphsasing Orwell's famous dictum in Animal Farm that "All animals are equal, but some animals are more equal than others." by holding, in effect, that "All religions are equal in America, but Islam is less equal than others", Trump is also, in effect, claiming that, as president, he has the power, as Big Brother did in Orwell's 1984, to declare that "2+2 equals 5."
Fortunately, not only for America's core value of freedom of religious belief, but also for continued democracy in America, Judge Watson rejected Trump's extreme claim, not only to be the sole determiner of immigration policy but the sole arbiter of reality - what is true and what is false.
The District Court's decision can be accessed at:
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, Roger has been helping mainly skilled and professional immigrants from diverse parts of the world obtain work visas and green cards.
Roger's email address is firstname.lastname@example.org