Last Friday, this very limited man that we elected King signed an Executive Order barring people from 7 primarily-Muslim countries from entering the United States. The given reason for this draconian action was to protect the US from terrorists, ignoring the fact that none of the terrorists of 9-11 or immigrants associated with any subsequent terrorist activity in the US came from any of these countries. The ill advised ban also did not include Saudi Arabia, the incubator of the 9-11 plot and home of the Islamist radicals who attacked this country 15 years ago. The problems with this ill conceived Executive Order are many, but I would like to focus on three areas that cause me the most concern.
The first is the careless, disjointed style of governing that this order represents. Given the cataclysmic impact that such an order would have on thousands of travelers, including holders of green card and valid visas, this order was rushed through with no input from the many government agencies and departments that would be required to implement it. The Justice Department and Homeland Security were reportedly shown the draft one hour before signing, ensuring chaos as the order required the ban to go into effect immediately. Even with that little time for review, Justice Department lawyers argued with the WH that the order was unconstitutional and to exempt green card and visa holders. They were reportedly overruled by Steve Bannon. Stop and think about that for a second. DoJ lawyers were overruled on the legality and moral position of how America should treat these people by the man who was most recently the editor of Brietbart, the racist, xenophobic fake news site.
The second concern is the fundamental religious prejudice that forms the basis for this Executive Order. The order is clearly anti-Muslim. Simple. The order sets government agencies against a particular religion in carrying out these duties. This order is not based any empirical evidence. There is no rational reason that this ban will reduce the risk of the US population suffering a terrorist attack. Even removing the religious prejudice from the situation, this would be another simple solution to a complex problem (think – the Mexican wall) and they are never correct. This order is clearly unconstitutional and, since that is obviously true, where are the flag waving, Constitution loving, staunch Republican leaders to denounce this act? Strangely mute. The constitution is great for collecting guns, but not so good for protecting people who look different.
The last point I’d like to discuss is of greatest concern to me, even greater than religious bias in the US government. Trump’s malevolent order was enacted on Friday evening. By Saturday night, 4 Federal judges had issued stays to stop deportations and to release green card and visa holders detained at US airports. According to many immigration attorneys representing clients detained, DHS employees continued to force detainees onto airplanes after the judges’ rulings in flagrant disregard of the judicial orders. Hours later, attorneys were still denied opportunities to see or speak with their clients even after reminding the DHS agents of the multiple Federal judges orders. It is unclear whether these agents were wearing jackboots at the time. It is also unclear from what level the order came to ignore the Federal court’s ruling and to continue implementing an obviously illegal, ill-conceived Executive Order.
One of the fundamental underpinnings of our great government is the checks and balances among the executive, legislative, and judicial branches of government. The judicial branch role, in particular, provides the safeguard to protect the minority among us from the potentially crushing wishes of the majority. Judicial independence and authority are critical to our freedoms. If the Executive Branch of government, with all of its powers, ignores judicial orders and continues implementing unconstitutional orders, then the authority of the Judicial Branch is lost.
Watch carefully over this and the next few actions by this administration to see how they respond to an independent judiciary. The Trump years may be even worse than any of us imagined.