Iraq Will be Removed from the New Muslim Ban Executive Order
The new Muslim ban executive order was due to be released week, but the White House delayed it after what they saw as a presidential speech to congress. This despite their prior claims that any delay would result in a flood of terrorists and endanger our national security. Associated Press is also reporting that Iraq will be removed from the new Muslim ban executive order. This change is likely due to the threat from Iraq to ban Americans. This would have made it very difficult for the American contractors who support the US military in Iraq. However it does show the arbitrary nature of the countries included on the list. The threat Iraqi citizens posed to the US did not change in the last few weeks.
Jason Miller’s statements that the new ban will be almost identical to the old one will not help its chances in court. In order to avoid the same fate as the original order, there needs to be significant changes. Using the feedback already received from the court decisions, the Trump administration will could 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.