Where Does the Muslim Ban EO Go From Here?
In a court filing on Thursday, the Justice Department asked for a pause in proceedings before the 9th U.S. Circuit Court of Appeals. They also asked the court to vacate that ruling once the administration has rescinded its original order and issued a new one. The In 9th Circuit then suspended proceedings on the ban. So where does the Muslim Ban EO go from here? Using the feedback already received from the court decisions, the Trump administration will likely to craft a more narrow EO that is constitutional.
First, exclude all green card holders. Declarations made after the EO was issued do not supersede the inclusion of green card holders in the EO.
Second, all visa holders already in the US must be given due process. The courts have made it clear that this was one of their greatest concerns.
Third, because of the statements already on record that he intended to ban Muslims, any exemption for other religions would must be removed. This would affect relatively few people as the seven countries are 95%+ Muslim.
Fourth, it would have to provide waivers for people like interpreters who have worked with our military and whose lives may be in danger in their home country because of their collaboration with the US.
Stephen Griffin, a professor of constitutional law at Tulane University, told Newsweek that adding non-Muslim countries could also help a new order withstand accusations that it discriminates based on religion. Given that the administration already identified the seven Muslim-majority countries as a threat, he said, it would be unlikely to remove any of those. “I’d speculate they would add to the list, as opposed to walk it back,” he said.