Travel ban gives Trump a boost

Source: Israel Hayom | Travel ban gives Trump a boost 

Prof. Abraham Ben-Zvi

From a legal and political standpoint, history was made Monday in the United States, when the Supreme Court permitted a scaled-down version of U.S. President Donald Trump’s ban on travelers from six mostly Muslim countries to take effect.

In doing so, the court overturned lower federal courts in Maryland, Virginia and California, which had ruled that this version of the travel ban (as well as the previous version, proposed by the White House on Jan. 27) discriminates against immigrants based on their religion and therefore contravenes the fundamental principles of the American constitution.

In its ruling Monday, the Supreme Court refrained from delving into the ethical crux of the matter, in which the current divisiveness over these immigration restrictions is rooted. The court will address these issues comprehensively in the fall.

Instead, the judges considered only the immediate and temporary aspects of the matter, defining these in terms of giving the president legitimate room to maneuver when issuing executive orders relevant to national security. Insofar as the ruling examined the ban’s degree of reasonableness, against the backdrop of existing precedents in which executive orders prevented immigration from hostile countries such as Cuba, Iran and North Korea, the court decided to accept the White House’s position, albeit toned down.

Thus it was ruled that beginning Thursday, for a period of 90 days, citizens from Libya, Iran, Somalia, Sudan, Syria and Yemen will be prohibited from entering U.S. territory. Refugees from those countries will not be allowed entry for 120 days, unless they are able to prove a credible relationship — familial or business — to someone already in the U.S. This time frame will enable the authorities to formulate more stringent procedures and more thorough background checks of potential immigrants from these countries, which either breed terrorist movements (in the various violent conflicts there) or provide them with support and government protection (Iran).

The three judges who voiced the only reservations about the ruling are not affiliated with the liberal camp. All avowed conservatives who supported the defeated previous version of the travel ban, these three justices opposed the credible relationship clause, which in their view opens a window of opportunity for immigrant groups from those countries to obtain entrance visas.

The fact that Trump was given a relatively wide leeway to wield executive orders that intrinsically pertain to national security indicates that at least some of the obstacles preventing the White House from implementing its plans and policies have been removed. In other words, the repeated head-butting with the lower courts — which had forced Trump to delay at least some of the immigration initiatives he laid out during his campaign and which helped him win the election — is now behind him, and he can start paying off his debt on the immigration issue.

The tailwind of support Trump received from the Supreme Court signals his improving stature and potential to govern. Only time will tell if he can fully realize this potential in the political arena, and in terms of the White House’s ambitious agenda.

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One Comment on “Travel ban gives Trump a boost”

  1. John Prophet Says:

    Can your hear it? It’s subtle but it’s there. The snowflakes ❄️ on the left are all melting. As Trump continues on with his presidency and no Russian collusion is found, the left will be found to be foolish. This whole “resist” matter was nothing more than sore losers acting out. The democrats/left have been exhibiting the biggest temper tantrum in history. Nothing but a bunch of sore losers. 😭


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