Although Donald Trump and other Republicans endlessly railed against Barack Obama’s use of executive orders, ABC News reports a Trump executive order Muslim immigration ban will be issued soon regarding Muslim refugees coming into the United States from certain countries. It is just another example of how Trump himself feels free to make arbitrary decisions regarding fundamental freedoms and human rights without consulting Congress, the Supreme Court, or the American people.
While technically not referred to as a “Muslim immigration ban,” the Associated Press reports the latest Trump executive order will apparently be aimed at making it clear that this is what it amounts to. Also, even though the order is described as being a “temporary” measure, there are indications that it could be extended indefinitely or even made permanent. The list of countries from which immigration is being banned – Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen – is also likely to expand.
Precedent Set by Trump Executive Order
Muslim refugees being banned from entry into the United States because of their religion would seem to be in direct contradiction to the fundamental protection of religious beliefs provided by the First Amendment to the Constitution. The fact that Muslims are a tiny minority within our country should be irrelevant to ensuring such protections, but Donald Trump apparently sees it differently.
Trump's new immigration proposals could indeed be expanded into an effective Muslim ban:https://t.co/qqdZf5PDhN
— Greg Sargent (@ThePlumLineGS) January 25, 2017
But when you order Muslims to stay out of the country, you can then – based on the precedent – ban any religious minority, ethnicity, or even political group from entering the United States on the pretext that some small number of them might represent a danger. And a logical corollary to this precedent is that you can, in turn, deport such religious, ethnic, or political minority groups from the United States for “national security” reasons.
Donald Trump and Planned Deportations
Just as the Trump executive order can be seen as the first step to a potentially larger policy of discrimination against Muslims from outside — and within — the United States, Donald Trump’s avowed intention to deport millions of illegal immigrants from Mexico out of the country almost overnight could also provide a blueprint for later deportations of other groups, including Muslims.
Trump’s argument that Muslims about to emigrate to the United States should be denied entry because they might represent a potential threat could easily be extended – using his own brand of contorted logic – to Muslim immigrants already living here. And logistically speaking, the deportation of one or two million Muslims would pale in comparison to Trump’s apparent plans to deport as many as 6 million Mexicans.
Trump orders are coming fast & furious: Mexican wall, deportations, Syrian refugees, global funding, intl treaties…https://t.co/QRQlr7kce6
— Elizabeth Ferris (@Beth_Ferris) January 25, 2017
Supreme Court Versus The Trump Executive Order
It might be assumed by some that the United States Supreme Court stands as a bulwark to protect constitutional freedoms – including religious freedoms – from any executive orders issued by Donald Trump or laws passed by Congress. However, the Supreme Court is comprised of individuals whose view of the Constitution cannot help but be impacted by their political ideology.
Given that another right wing Supreme Court justice is about to be nominated – as reported by the Associated Press – and will almost certainly be approved by the Senate, it’s clear that the court just might take an even more right-leaning view of the Constitution and of presidential powers. In previous decisions, the Supreme Court has already made it quite clear that personal freedoms will often have to take a backseat to “national security” issues.
— madeeha ansari (@madeeha_ansari) January 25, 2017
As long as the Donald Trump administration couches its arguments regarding the Muslim immigration ban in terms of protecting America against radical Islamic terrorists, there’s a good chance the Supreme Court will do nothing whatsoever to stand in the way of either Muslim immigration bans or later deportations. So it may be impossible to stop the Trump executive order and Muslim immigration ban from actually being implemented.
[Featured Image by Chip Somodevilla/Getty Images]