Saudi Ministry of Education to showcase innovations at 2025 Geneva International Exhibition    7,523 violators of residency, labor, and border security laws deported in a week    Video contradicts Israeli army account of deadly March 23 strike on Gaza paramedics    Saudi Arabia spends over $241 million to implement de-mining projects in 3 countries    Italy's Meloni government approves controversial security decree expanding police protections and penalties    Egypt submits new Gaza ceasefire and prisoner exchange proposal: Report    'Everything is possible' — Ronaldo focused on titles, not 1,000-goal milestone after Riyadh Derby win    Saudi, US military leaders discuss enhanced defense cooperation in Riyadh    King Salman Global Academy for Arabic Language launches program with Indiana University    Ronaldo brace powers Al Nassr past Al Hilal in Riyadh derby thriller    Ed Sheeran weaves Persian music into new song, Azizam    Al-Jadaan: Crown Prince's directives confirm government's ability to bring back balance to real estate market    Veteran Bollywood actor Manoj Kumar dies at 87    Foreign investors are allowed to engage in real estate business outside Makkah and Madinah Commercial speculation should not be the purpose of real estate transaction    Aubameyang fires Al Qadsiah into King's Cup final with stoppage-time winner over Al Raed    Musk's X is suing India, as Tesla and Starlink plan entry    Tesla sales plunge after backlash against Elon Musk    Danilo Pereira fires Al Ittihad into King's Cup final with dramatic stoppage-time double    Screen time in bed linked to insomnia, study finds    Mexico bans junk food in schools to fight childhood obesity epidemic    Sweet sales surge ahead of Eid as Saudi chocolate imports top 123 million kg in 2024    Bollywood actress vindicated over boyfriend's death after media hounding    Grand Mufti rules against posting prayers and preaching in mosques on social media    King Salman prays for peace and stability for Palestinians in Ramadan message King reaffirms Saudi Arabia's commitment to serving the Two Holy Mosques and pilgrims    Exotic Taif Roses Simulation Performed at Taif Rose Festival    Asian shares mixed Tuesday    Weather Forecast for Tuesday    Saudi Tourism Authority Participates in Arabian Travel Market Exhibition in Dubai    Minister of Industry Announces 50 Investment Opportunities Worth over SAR 96 Billion in Machinery, Equipment Sector    HRH Crown Prince Offers Condolences to Crown Prince of Kuwait on Death of Sheikh Fawaz Salman Abdullah Al-Ali Al-Malek Al-Sabah    HRH Crown Prince Congratulates Santiago Peña on Winning Presidential Election in Paraguay    SDAIA Launches 1st Phase of 'Elevate Program' to Train 1,000 Women on Data, AI    41 Saudi Citizens and 171 Others from Brotherly and Friendly Countries Arrive in Saudi Arabia from Sudan    Saudi Arabia Hosts 1st Meeting of Arab Authorities Controlling Medicines    General Directorate of Narcotics Control Foils Attempt to Smuggle over 5 Million Amphetamine Pills    NAVI Javelins Crowned as Champions of Women's Counter-Strike: Global Offensive (CS:GO) Competitions    Saudi Karate Team Wins Four Medals in World Youth League Championship    Third Edition of FIFA Forward Program Kicks off in Riyadh    Evacuated from Sudan, 187 Nationals from Several Countries Arrive in Jeddah    SPA Documents Thajjud Prayer at Prophet's Mosque in Madinah    SFDA Recommends to Test Blood Sugar at Home Two or Three Hours after Meals    SFDA Offers Various Recommendations for Safe Food Frying    SFDA Provides Five Tips for Using Home Blood Pressure Monitor    SFDA: Instant Soup Contains Large Amounts of Salt    Mawani: New shipping service to connect Jubail Commercial Port to 11 global ports    Custodian of the Two Holy Mosques Delivers Speech to Pilgrims, Citizens, Residents and Muslims around the World    Sheikh Al-Issa in Arafah's Sermon: Allaah Blessed You by Making It Easy for You to Carry out This Obligation. Thus, Ensure Following the Guidance of Your Prophet    Custodian of the Two Holy Mosques addresses citizens and all Muslims on the occasion of the Holy month of Ramadan    







Thank you for reporting!
This image will be automatically disabled when it gets reported by several people.



Critics on new travel ban: More palatable, still problematic
Published in The Saudi Gazette on 08 - 03 - 2017

After a federal appeals court unanimously refused to immediately reinstate his travel ban last month, President Donald Trump tweeted a warning: "SEE YOU IN COURT. THE SECURITY OF OUR NATION IS AT STAKE!"
The courts never did get to decide the full merits of that case before Trump replaced the travel ban Monday with a much narrower version - one supporters say is well within his authority, but which critics say is more palatable but still problematic.
"Bottom line is the president has capitulated on numerous key provisions that we contested in court about a month ago," Washington Attorney General Bob Ferguson, who led the legal challenge to the initial ban, told a news conference Monday.
But the original ban was motivated in part "to target predominantly Muslim countries," Ferguson said, adding, "We still have concerns about that intent."
The new ban temporarily bars new visas for citizens of six predominantly Muslim countries - one fewer than the original, with Iraq removed from the list. It also suspends the entire US refugee program.
The measure applies only to refugees who are not already on their way to the United States and people seeking new visas. It removes language that gave priority to religious minorities. Critics said the language was designed to help Christians get into the US and to exclude Muslims.
Ferguson and Virginia Attorney General Mark Herring, both Democrats, said they were evaluating whether to bring further legal challenges before the new order takes effect March 16. Although the order is scaled back, "it still sends a horrible message to the world, to Muslim-Americans, and to minority communities across the country, without any demonstrable benefit to national security," Herring said.
The American Civil Liberties Union promised "to move very quickly" to try to stop the order.
Nevertheless, the changes will make it "much, much tougher" for a federal judge to block the ban, said New York immigration attorney Ted Ruthizer.
Courts could find it compelling that the order does not cover all Muslims from all countries, he said. And judges have a history of upholding portions of immigration law that discriminate on the basis of race and nationality when national security is an issue.
"There's still the argument that, when you take down all the window dressing, it's still a religion ban, but these are the kinds of nuances that the courts will look at," Ruthizer said.
Stephen Yale-Loehr, an immigration law professor at Cornell University Law School, said that even if the new order is on more solid legal footing, it "will not quell litigation or concerns."
"US relatives will still sue over the inability of their loved ones to join them in the United States," he said. "US companies may sue because they cannot hire needed workers from the six countries. And US universities will worry about the impact of the order on international students' willingness to attend college in the United States."
Top Republicans welcomed Trump's changes. Sen. Orrin Hatch of Utah said the revised order makes significant progress toward what Hatch called for after the first version: to avoid hindering innocent travelers or refugees fleeing violence and persecution.
House Speaker Paul Ryan said the order "advances our shared goal of protecting the homeland."
Massachusetts Attorney General Maura Healey, who supported the court challenge, described the updated ban as "a clear attempt to resurrect a discredited order and fulfill a discriminatory and unconstitutional campaign promise."
Texas Attorney General Ken Paxton, who backed the first ban, said in a statement that the president had the authority to secure the nation's borders "in light of the looming threat of terrorism."
A spokesman for the 9th US Circuit Court of Appeals, which upheld a Seattle judge's restraining order in the Washington case, said the court was evaluating the new executive order's effect on the existing case. The Justice Department filed papers Monday in federal court in Seattle arguing that the restraining order should not block the new ban from taking effect.
Critics said the new order failed to address their concerns that the measure attempts to enact the Muslim ban Trump advocated during his campaign. Washington state, joined by Minnesota, argued that the original order violated the First Amendment's separation of church and state.
The 9th Circuit's ruling did not deal with that argument, but the court said it would evaluate it after further briefing. The states' claims "raise serious allegations and present significant constitutional questions," the judges wrote.
Larry E. Klayman, a founder of and lawyer for the conservative group Freedom Watch, supported the original ban when it was before the appellate court and called the new version "quite modest."
"Right now, we're in a state of war with certain countries, and this is a reasonable approach to it," Klayman said.
Additionally, a question remained over whether the new ban conflicted with federal immigration law, said Jorge Baron, executive director of the Seattle-based Northwest Immigrant Rights Project. His organization filed a class-action complaint over the initial ban and said it would amend its arguments in light of the new one.
"Our immigration laws specifically say you cannot discriminate on basis of nationality in this process," Baron said. "The president can't rewrite the law by executive order."


Clic here to read the story from its source.