Photo: Evan Vucci / AP
Donald trump was denied entry into the United States to citizens of seven countries. This decree was challenged in court by the Prosecutor of the state of Washington, and the ban ceased to operate after just a few days after the publication of the document. Real consequences and prospects for the controversial decree two weeks after its adoption, the review of RBC
The court of appeal dismissed the appeal of the White house on the decision of Federal judges to suspend the decree of Donald trump, who introduced the ban on entry to US citizens from seven countries with a predominantly Muslim population, because people have the right to free movement and to protection from discrimination. The court noted that the evidence that was banned was planning any attacks on US soil, no.
Despite all the efforts of trump, his decree “On the protection of the country from the entry of foreign terrorists” in the USA is currently not valid.
The US President has imposed a temporary ban on the entry of nationals of Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen, on January 27. According to the text of the decree, 120 days suspended the program of reception of refugees for 90 days denied entry into the U.S. citizens of these countries, except for diplomats. A separate item until a special presidential Executive order was introduced indefinite ban on the entry of refugees from Syria.
No visa services or employees of the international airports were not ready for the entry of the document into force. Hundreds of people were detained at the border control after arriving in U.S. airports, the largest airports of the country — in Chicago, Dallas, Denver, Los Angeles, San Francisco and Seattle — have been large-scale protests.
Attorney General of Washington state filed a lawsuit in Federal court against the President of the United States, the Department of homeland security and administration officials, demanding to declare unconstitutional key provisions of the Ordinance. A Seattle Federal judge James Robart stopped its action of February 4 until the decision in this case. The first request of the justice Department, demanding repeal of a temporary freeze of the decree before the end of the hearings on its compliance with the Constitution, was also rejected.
Donald trump said that because of the decision of a Federal judge in the United States may bring undesirable elements. “Since the ban was lifted by the judge, a very bad and dangerous people can come in our country. Terrible decision,” he wrote in his Twitter.
The white house on 1 February reported that clarification was provided by the decree of the trump, under which holders of green cards with citizenship of seven countries, do not need separate permission to enter the United States. With the entry into force of the decree until February 1, border-customs service reviewed and issued 1610 permits entry to the USA holders of green cards. One holds a green card voluntarily abandoned his application to enter and remain in Canada.
Where did the terrorists come to the US?
According to think tank the New America, which specializiruetsya on research in the area of national security, the vast majority of terrorists detained in the United States since 2001, had residence permits or were American citizens. According to the research organization, with only nine American citizens from nearly two hundred, accused of organizing terrorist attacks, were one of the countries, the entrance of which tried to ban.
The White house February 9 was prepared and distributed among the media’s own list of terrorists. It lists 24 people arrested in the US on charges of terrorist activities. According to the Fox News channel, in the order which received the list, almost half of them (10 people) arrived from Somalia, six were from Iraq, two from Sudan, Iran and Libya, and one each from Yemen and Syria. A citizen of Yemen, mentioned in the list received U.S. citizenship, and one was a Palestinian refugee from Iraq.
What are the real consequences of the decree?
- The decree sparked massive protests in the first days after its adoption and strong criticism in the media. The US President was accused of discrimination against Muslims, the denial of democracy and of cruelty. In addition to the lawsuit from the Prosecutor in Washington state, similar claims were filed by the Prosecutor of the state of Minnesota and the human rights organization the American Union of protection of civil liberties.
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- The decree has led to complication of relations of trump with administration officials and representatives of the US judicial system. The dismissal of the acting U.S. attorney Sally Yates, who has criticized the infamous decree, and Daniel Ragsdale, ispolnyavshih the acting head of immigration and customs enforcement is a clear sign of friction within the apparatus.
- The decree has complicated the already difficult relations trump with leading technology companies in the U.S., whose leaders and employees EN masse to vote for his rival, Hillary Clinton. The largest companies in Silicon valley has published a document (amicus curie, literally “friend of the court”), in which he called the decree illegal and complicating the business environment. This conclusion was signed by representatives of 97 companies. Advisory Council on business created by trump, to establish a dialogue with the leading technology companies in December 2016, as a sign of protest Uber founder Travis Kalanick.
Protests in new York against the decree trump on refugees
Hundreds of new Yorkers on Saturday, January 28, staged a protest at the international airport named after John F. Kennedy against the new decree of the President of the United States Donald trump on immigration…
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- The white house decides how to tighten checks for those who want to come to the United States from countries included in the restrictive list. Among the measures that discuss the state Department and the Department of homeland security — the requirement to provide the US government passwords to accounts in social networks and lists of phone contacts.
- The decree affected the procedure for the issuance of U.S. visas to Russian citizens. The period during which it is possible to re-obtain a visa without interview, has been reduced from 4 years to 1 year.
- The decree has led to strained relations between the US and Iran. In response to restrictive measures, Iran’s foreign Ministry stopped issuing visas to Iranian citizens of USA, stating that exceptions will be considered on an individual basis. Monday, February 6, trump called Iran “a terrorist state number one,” and concluded Obama administration’s agreement on Iran’s nuclear program — “the worst deal he ever seen.” On the same day, the US imposed new sanctions against 13 citizens and 12 structures of Iran, in response to test ballistic missiles, which took place in late January.
- The decree trump condemned the leaders of Germany, Britain, France, Pakistan, Saudi Arabia and other States. The Prime Minister of Canada Justin Trudeau has expressed willingness to host those who cannot enter the United States. Meanwhile, English research centre Chatam House conducted a survey in ten European countries demonstrated broad public support for the idea to limit migration from the Middle East. Most citizens of Germany, Belgium, France, Austria, Italy, Poland, Greece and Hungary support the introduction of similar measures at home (more than 50% of respondents). In Spain, this idea was supported by 41% of respondents in the UK — 47%.
The citizens of Syria, Iraq, Iran, Sudan, Libya, Somalia and Yemen can still come to the US if they issued the visa. A panel of the court of Appeals 9 th district (San Francisco) ruled that any suggestion that the entry may be prohibited, “is inconsistent with the fundamental structure of constitutional democracy”.
The court pointed out that the ban discriminare Muslims, “but he is, without doubt, is a blow to the government,” notes The Washington Post.
Trump reacted angrily to the decision on his Twitter, writing: “see you in court, the security of our country is at stake!” and said that the judges “made a political decision”. The Ministry of justice has responded more cautiously, saying that “considering the decision, taking into account their opportunities.” In essence, this means that the Ministry is examining the prospects of the appeal to the Supreme court of the United States.
As an appointee of the trump alter the balance of power in the Supreme court of the United States
In many ways, the fate of the controversial decree now depends on how the coming weeks will be like hearing for the candidate known for his conservative views of the Nile Gorsuch, which trump suggested to the Supreme court of the United States.
On Wednesday this week, the Senate approved Republican Jeff and Roman sessions for the post of US attorney General and head of the Ministry of justice. He will now lead the defense of the White house from lawsuits in the case of unconstitutional immigration decree.
Victims of the immigration Ordinance
Till February 4 at U.S. airports was happening shaped the confusion arising from the fact that clear instructions how to deal with those who dwell on American soil from the “forbidden” countries, was not. February 2, the Department of homeland security has published a report designed to calm the protesters.
- Less than 1% of 325 thousand daily arriving in the United States by air transport of passengers were inconvenienced because of this decree.
- 109 people were not allowed in the US due to the fact that they are nationals of one the countries caught in a restraining order. As has explained a press-the Secretary of Donald trump on January 31, these are the people who, during the entry into force of the decree were already on the way.
- With the entry into force of the decree it was recommended to be denied boarding 1222 passengers bound for the United States.
- 87 visa holder, placed under the decree trump won the right to enter after the responsible authorities have considered their cases privately and came to the conclusion that these people pose no threat.
- No one holds a special immigrant visa (issued, for example, citizens of Iraq and Afghanistan who collaborated with the armed forces of the United States) have not received a refusal of entry in the United States as of February 2.
- 872 refugee arrived in the United States during the week since the signing of the decree. For each of them, the authorities promised to take a decision on admission in individual basis