Muslim Travel Ban
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Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, labeled the "Muslim ban" by critics, or commonly referred to as the Trump travel ban, was an
executive order In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of th ...
by US President
Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
. Except for the extent to which it was blocked by various courts, it was in effect from January 27, 2017, until March 6, 2017, when it was superseded by
Executive Order 13780 Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. b ...
, a second order sharing the title "Protecting the Nation from Foreign Terrorist Entry into the United States". Executive Order 13769 lowered the number of refugees to be admitted into the United States in 2017 to 50,000, suspended the U.S. Refugee Admissions Program (USRAP) for 120 days, suspended the entry of Syrian refugees indefinitely, directed some cabinet secretaries to suspend entry of those whose countries do not meet adjudication standards under
U.S. immigration law Many acts of congress and executive actions relating to immigration to the United States and citizenship of the United States have been enacted in the United States. Most immigration and nationality laws are codified in Title 8 of the United St ...
for 90 days, and included exceptions on a case-by-case basis. The
Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
(DHS) listed these countries as
Iran Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
,
Libya Libya (; ar, ليبيا, Lībiyā), officially the State of Libya ( ar, دولة ليبيا, Dawlat Lībiyā), is a country in the Maghreb region in North Africa. It is bordered by the Mediterranean Sea to the north, Egypt to Egypt–Libya bo ...
,
Somalia Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constituti ...
,
Sudan Sudan ( or ; ar, السودان, as-Sūdān, officially the Republic of the Sudan ( ar, جمهورية السودان, link=no, Jumhūriyyat as-Sūdān), is a country in Northeast Africa. It shares borders with the Central African Republic t ...
,
Syria Syria ( ar, سُورِيَا or سُورِيَة, translit=Sūriyā), officially the Syrian Arab Republic ( ar, الجمهورية العربية السورية, al-Jumhūrīyah al-ʻArabīyah as-Sūrīyah), is a Western Asian country loc ...
,
Yemen Yemen (; ar, ٱلْيَمَن, al-Yaman), officially the Republic of Yemen,, ) is a country in Western Asia. It is situated on the southern end of the Arabian Peninsula, and borders Saudi Arabia to the Saudi Arabia–Yemen border, north and ...
.
Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to Iraq–Turkey border, the north, Iran to Iran–Iraq ...
was also included until it was dropped following sharp criticism from the Iraqi government.Executive Order 13769 of January 27, 2017: Protecting the Nation From Foreign Terrorist Entry Into the United States. Executive Office of the President. –8982. February 1, 2017. More than 700 travelers were detained, and up to 60,000
visas Visa most commonly refers to: *Visa Inc., a US multinational financial and payment cards company ** Visa Debit card issued by the above company ** Visa Electron, a debit card ** Visa Plus, an interbank network *Travel visa, a document that allows ...
were "provisionally revoked". The signing of the Executive Order provoked widespread condemnation and protests and resulted in legal intervention against the enforcement of the order. Critics referred to it as a "Muslim ban," because President Trump had previously called for a temporary ban on Muslims entering America, and because all of the affected countries had a Muslim majority, although the affected Muslims were only 12% of the global Muslim population.US expands travel ban to include N Korea
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"Mr Trump's original ban was highly controversial, as it affected six majority-Muslim countries, and was widely labelled a 'Muslim ban'."
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
was also notably excluded, despite alleged Saudi involvement in the September 11 attacks (in which 15 out of the 19 hijackers were
Saudi Saudi may refer to: * Saudi Arabia * Saudis, people from Saudi Arabia * Saudi culture, the culture of Saudi Arabia * House of Saud The House of Saud ( ar, آل سُعُود, ʾĀl Suʿūd ) is the ruling royal family of Saudi Arabia. It is c ...
). This was analysed as being due to the American oil trade with the country, from whom America buys 498,000 barrels of
crude oil Petroleum, also known as crude oil, or simply oil, is a naturally occurring yellowish-black liquid mixture of mainly hydrocarbons, and is found in geological formations. The name ''petroleum'' covers both naturally occurring unprocessed crude ...
per day. A nationwide
temporary restraining order An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
(TRO) was issued on February 3, 2017 in the case '' Washington v. Trump'', which was upheld by the
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
on February 9, 2017. Consequently, the Department of Homeland Security stopped enforcing portions of the order and the
State Department The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
re-validated visas that had been previously revoked. Later, other orders (Executive Order 13780 and
Presidential Proclamation 9645 Executive Order 13780, titled Protecting the Nation from Foreign Terrorist Entry into the United States, was an executive order signed by United States President Donald Trump on March 6, 2017. It placed a 90-day restriction on entry to the U.S. b ...
) were signed by President Trump and superseded Executive Order 13769. On June 26, 2018, the U.S. Supreme Court upheld the third Executive Order (Presidential Proclamation 9645) and its accompanying travel ban in a 5–4 decision, with the majority opinion being written by Chief Justice
John Roberts John Glover Roberts Jr. (born January 27, 1955) is an American lawyer and jurist who has served as the 17th chief justice of the United States since 2005. Roberts has authored the majority opinion in several landmark cases, including ''Nati ...
. On January 20, 2021, President Joe Biden revoked Executive Order 13780 and its related proclamations with Presidential Proclamation 10141.


Background


Statutory authorization and related prohibitions

Key provisions of executive orders 13769 and 13780 cite to paragraph (f) of
Title 8 of the United States Code Title 8 of the United States Code codifies statutes relating to aliens and nationality in the United States Code. Chapters 1-11 * : General Provisions (repealed or omitted) * : Elective Franchise (transferred) * : Civil Rights (transferred/repe ...
§ 1182, which discusses inadmissible aliens. Paragraph (f) states:
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
The act that underlies this, known as the Immigration and Nationality Act of 1952 (a.k.a. the McCarran–Walter Act), was amended by the Immigration and Nationality Act of 1965 (a.k.a. the Hart−Celler Act), which included a provision stating
No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person's race, sex, nationality, place of birth, or place of residence.
The language in the INA of 1965 is among the reasons District of Maryland Judge Chuang issued a temporary restraining order blocking Section 2(c) of Executive Order 13780.


Restrictions by the Obama administration

In 1986, the
Visa Waiver Program The Visa Waiver Program (VWP) is a program of the United States federal government that allows nationals of specific countries to travel to the U.S. for tourism, business, or while in transit for up to 90 days without having to obtain a visa. It ...
was initiated by President Ronald Reagan, allowing alien nationals of select countries to travel to the United States for up to 90 days without a visa, in return for reciprocal treatment of U.S. nationals. By 2016, the program had been extended to 38 countries. In 2015, Congress passed a
Consolidated Appropriations Act An omnibus spending bill is a type of bill (proposed law), bill in the United States that packages many of the smaller ordinary Appropriations bill (United States), appropriations bills into one larger single bill that can be passed with only one v ...
to fund the government, and Obama signed the bill into law. The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, which was previously passed by the House of Representatives as H.R. 158, was incorporated into the Consolidated Appropriations Act as Division O, Title II, Section 203. The Trump administration's executive order relied on H.R. 158, as enacted. The Visa Waiver Program Improvement and Terrorist Travel Prevention Act originally affected four countries: Iraq, Syria, and countries on the
State Sponsors of Terrorism "State Sponsors of Terrorism" is a designation applied by the United States Department of State to countries which the Department alleges to have "repeatedly provided support for acts of international terrorism". Inclusion on the list imposes ...
list (Iran and Sudan). Foreigners who were nationals of those countries, or who had visited those countries since 2011, were required to obtain a visa to enter the United States, even if they were nationals or dual-nationals of the 38 countries participating in the Visa Waiver Program. Libya, Yemen, and Somalia were added later as "countries of concern" by
Secretary of Homeland Security The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...
Jeh Johnson Jeh Charles Johnson ( "Jay"; born September 11, 1957) is an American lawyer and former government official. He was United States Secretary of Homeland Security from 2013 to 2017. From 2009 to 2012, Johnson was the general counsel of the Departm ...
during the Obama administration. The executive order refers to these countries as "countries designated pursuant to Division O, Title II, Section 203 of the 2016 consolidated Appropriations Act". Prior to this, in 2011, additional background checks were imposed on the nationals of Iraq. Trump's
press secretary A press secretary or press officer is a senior advisor who provides advice on how to deal with the news media and, using news management techniques, helps their employer to maintain a positive public image and avoid negative media coverage. Duti ...
Sean Spicer Sean Michael Spicer (born September 23, 1971) is a former American political aide who served as the 30th White House Press Secretary and as White House Communications Director under President Donald Trump in 2017. Spicer was communications dire ...
cited these existing restrictions as evidence that the executive order was based on outstanding policies saying that the seven targeted countries were "put (...) first and foremost" by the Obama administration. Fact-checkers at
PolitiFact.com PolitiFact.com is an American nonprofit project operated by the Poynter Institute in St. Petersburg, Florida, with offices there and in Washington, D.C. It began in 2007 as a project of the ''Tampa Bay Times'' (then the ''St. Petersburg Times ...
, ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'', and ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...
'' said the Obama restrictions cannot be compared to this executive order because they were in response to a credible threat and were not a blanket ban on all individuals from those countries, and concluded that the Trump administration's statements about the Obama administration were misleading and false.


Trump campaign and administration statements before the order's signing

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who served as the 45th president of the United States from 2017 to 2021. Trump graduated from the Wharton School of the University of Pe ...
became the U.S. president on January 20, 2017. He has long claimed that
terrorist Terrorism, in its broadest sense, is the use of criminal violence to provoke a state of terror or fear, mostly with the intention to achieve political or religious aims. The term is used in this regard primarily to refer to intentional violen ...
s are using the U.S. refugee resettlement program to enter the country. As a candidate Trump's "Contract with the American Voter" pledged to suspend immigration from "terror-prone regions". Trump-administration officials then described the executive order as fulfilling this campaign promise. Speaking of Trump's agenda as implemented through executive orders and the judicial appointment process, White House chief strategist
Steve Bannon Stephen Kevin Bannon (born November 27, 1953) is an American media executive, political strategist, and former investment banker. He served as the White House's chief strategist in the administration of U.S. president Donald Trump during t ...
stated: "If you want to see the Trump agenda it's very simple. It was all in the ampaignspeeches. He's laid out an agenda with those speeches, with the promises he made, and y and Reince Priebus'job every day is to just to execute on that. He's maniacally focused on that." During his initial election campaign Trump had proposed a temporary, conditional, and "total and complete" ban on
Muslim Muslims ( ar, المسلمون, , ) are people who adhere to Islam, a monotheistic religion belonging to the Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God of Abrah ...
s entering the United States.Video and press release: * * His proposal was met by opposition by U.S. politicians including
Mike Pence Michael Richard Pence (born June 7, 1959) is an American politician who served as the 48th vice president of the United States from 2017 to 2021 under President Donald Trump. A member of the Republican Party, he previously served as the 50th ...
and
James Mattis James Norman Mattis (born September 8, 1950) is a retired United States Marine Corps four-star general who served as the 26th US secretary of defense from 2017 to 2019. During his 44 years in the Marine Corps, he commanded forces in the Persian ...
. On June 12, in reference to the
Orlando nightclub shooting On , 2016, Omar Mateen, a 29-year-old man, killed 49 people and wounded 53 more in a mass shooting at Pulse, a gay nightclub in Orlando, Florida, United States. Orlando Police officers shot and killed him after a three-hour standoff. In a 9- ...
that occurred on the same date, Trump used
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
to renew his call for a Muslim immigration ban. On June 13 Trump proposed to suspend immigration from "areas of the world" with a history of terrorism, a change from his previous proposal to suspend Muslim immigration to the U.S; the campaign did not announce the details of the plan at the time, but
Jeff Sessions Jefferson Beauregard Sessions III (born December 24, 1946) is an American politician and attorney who served as the 84th United States Attorney General from 2017 to 2018. A member of the Republican Party, he previously served as United State ...
, an advisor to Trump campaign on immigration, said the proposal was a statement of purpose to be supplied with details in subsequent months. On July 15, Pence, who as governor of Indiana attempted to suspend settlement of Syrian refugees to the state but was prevented from doing so by the courts, said that decision was based on the fall 2015 FBI assessment that there is risk associated with bringing in refugees. Pence cited the infiltration of Iraqi refugees in Bowling Green Kentucky who were arrested in 2011 for attempting to provide weapons to ISIS and Obama's suspension of the Iraqi refugee program in response as precedent for a U.S. President's "temporarily suspend ngimmigration from countries where terrorist influence and impact represents a threat to the United States". On July 17, Trump (with Pence) participated in an interview on ''60 Minutes'' that sought to clarify whether Trump's position on a Muslim ban had changed; when asked whether he had changed position on the Muslim ban, he said: "—no, I—Call it whatever you want. We'll call it territories, OK?" Trump's response would later be interpreted by Judge Brinkema of the Eastern District of Virginia as acknowledging "the conceptual link between a Muslim ban and the xecutive order in her ruling finding the executive order likely violates the Establishment Clause of the U.S. Constitution. In a speech on August 4 to a Maine audience Trump called for stopping the practice of admitting refugees from among the most dangerous places in the world; Trump specifically opposed Somali immigration to Minnesota and Maine, describing the Somali refugee program, which has resettled tens of thousands of refugees in the U.S., as creating "a rich pool of potential recruiting targets for Islamic terror groups". In Minnesota 10 men of Somali or Oromo family backgrounds were charged with conspiring to travel to the Middle East to join ISIS and 20 young men traveled to Somalia to join a terror group in 2007. Trump went on to list alleged terrorist plots by immigrants from Somalia, Yemen, Iraq, and Syria, along with incidents of alleged terrorism plots or acts by immigrants from countries not among the seven specified by the eventual executive order such as Pakistan, Afghanistan, the Philippines, Uzbekistan, and Morocco. In a speech on August 15 Trump listed terrorism attacks in the United States (
9/11 The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercial ...
; the
2009 Fort Hood shooting On November 5, 2009, a mass shooting took place at Fort Hood, near Killeen, Texas. Nidal Hasan, a U.S. Army major and psychiatrist, fatally shot 13 people and injured more than 30 others. It was the deadliest mass shooting on an American mi ...
; the
Boston Marathon bombing The Boston Marathon bombing was a domestic terrorist attack that took place during the annual Boston Marathon on April 15, 2013. Two terrorists, brothers Dzhokhar Tsarnaev and Tamerlan Tsarnaev, planted two homemade pressure cooker bombs, w ...
; the shootings in Chattanooga, Tennessee; and the
Orlando nightclub shooting On , 2016, Omar Mateen, a 29-year-old man, killed 49 people and wounded 53 more in a mass shooting at Pulse, a gay nightclub in Orlando, Florida, United States. Orlando Police officers shot and killed him after a three-hour standoff. In a 9- ...
) as justification for his proposals for increased ideological testing and a temporary ban on immigration from countries with a history of terrorism; on this point, the ''Los Angeles Times'' analysis observed Trump "failed to mention that a number of the attackers were U.S. citizens, or had come to the U.S. as children". (The same analysis also acknowledged an act of Congress eventually cited to in the executive order was probably what Trump would attempt to use in implementing such proposals. No deaths in the U.S. had been caused by extremists with family backgrounds in any of the seven countries implicated by the executive order as of the day before it was signed.) In the speech, Trump vowed to task the departments of State and Homeland Security to identify regions hostile to the United States such that the additional screening was justified to identify those who pose a threat. In a speech on August 31 Trump vowed to "suspend the issuance of visas" to "places like Syria and Libya". On September 4 vice presidential candidate Mike Pence defended the Trump–Pence ticket's plan to suspend immigration from countries or regions of the world with a history of terrorism on ''Meet the Press''. He gave Syria as an example of such a country or region: "Donald Trump and I believe that we should suspend the Syrian refugee program" because, Pence said, Syria was a region of the world that was "imploding into civil war" and had "been compromised by terrorism". In late November following the Ohio State attack, President-elect Trump claimed the attacker was a "Somali refugee who should not have been in" the U.S. In early December he said the attack showed immigration security is national security when stating goals for his administration. The attacker injured 11 before he was killed by police. The attacker was a Somali-born refugee who spent seven years in Pakistan, the country from which he immigrated to the U.S. with his family on a refugee visa. The attacker was a legal permanent resident living in the U.S. reportedly inspired by but not in direct contact with ISIS. In an interview given for a feature in the Ohio State student newspaper approximately two months before the attack, the eventual attacker expressed fear about Donald Trump's rhetoric toward Muslims and what it might mean for immigrants and refugees. In an interview broadcast the day he would sign the order President Trump told the
Christian Broadcasting Network The Christian Broadcasting Network (CBN) is an American Christian media production and distribution organization. Founded in 1960 by Pat Robertson, it produces the long-running TV series ''The 700 Club'', co-produces the ongoing ''Superbook'' an ...
(CBN) that
Christian Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words ''Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρι ...
refugees would be given priority in terms of refugee status in the United States after saying that Syrian Christians were "horribly treated" by his predecessor,
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
. Christians make up very small fractions (0.1% to 1.5%) of the Syrian refugees who have registered with the
UN High Commission for Refugees The United Nations High Commissioner for Refugees (UNHCR) is a United Nations agency mandated to aid and protect refugees, forcibly displaced communities, and stateless people, and to assist in their voluntary repatriation, local integratio ...
in Syria, Jordan, Iraq, and Lebanon; those registered represent the pool from which the U.S. selects refugees.
António Guterres António Manuel de Oliveira Guterres ( , ; born 30 April 1949) is a Portuguese politician and diplomat. Since 2017, he has served as secretary-general of the United Nations, the ninth person to hold this title. A member of the Portuguese Socia ...
, then-UN high commissioner for refugees, said in October 2015 that many Syrian Christians have ties to the Christian community in Lebanon and have sought the UN's services in smaller numbers. During 2016 the U.S. had admitted almost as many Christian as Muslim refugees. Pew research also pointed out that over 99% of admitted Syrian refugees were Muslim and less than 1% Christian, despite the demographics of Syria being estimated by Pew to be 93% Muslim and 5% Christian. Senator
Chris Coons Christopher Andrew Coons (born September 9, 1963) is an American lawyer and politician serving as the junior United States senator from Delaware since 2010. A member of the Democratic Party, Coons served as the county executive of New Castle Cou ...
(D-DE) accused Trump of spreading "false facts" and "
alternative facts "Alternative facts" was a phrase used by U.S. Counselor to the President, Kellyanne Conway, during a ''Meet the Press'' interview on January 22, 2017, in which she defended White House Press Secretary Sean Spicer's false statement about the at ...
". In January 2016, the
Department of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a v ...
(DOJ), on request of the Senate Subcommittee on Immigration and the National Interest, provided a list of 580 public international terrorism and terrorism-related convictions from September 11, 2001 through the end of 2014. Based on this data and news reports and other open-source information the committee in June determined that at least 380 among the 580 convicted were foreign-born. The publicly released version of Trump's August 15 speech quoted that report.
Alex Nowrasteh Alexander Nowrasteh is an American analyst of immigration policy currently working at the Cato Institute, a libertarian think tank located in Washington D.C. Nowrasteh is an advocate of freer migration to the United States. He previously worked as ...
of the
Cato Institute The Cato Institute is an American libertarian think tank headquartered in Washington, D.C. It was founded in 1977 by Ed Crane, Murray Rothbard, and Charles Koch, chairman of the board and chief executive officer of Koch Industries.Koch Indust ...
said the list of 580 convictions shared by DOJ was problematic in that "241 of the 580 convictions (42 percent) were not even for terrorism offences"; they started with a terrorism tip but ended up with a non-terrorism charge like " receiving stolen cereal". The day after Executive Order 13780 was signed, Ohio Congressman Bill Johnson said 60 individuals of the 380 foreign-born individuals or 580 total individuals (16% or 10%, respectively) were from the seven countries implicated by Executive Order 13769, but because Iraq is not among the six countries implicated in Executive Order 13780, Johnson suggested the number may be lower than 60 for countries implicated by that executive order. Nowrasteh notes 40 of the 580 individuals (6.9%) were foreign-born immigrants or non-immigrants convicted of planning, attempting, or carrying out terrorist attacks on U.S. soil (his analysis does not specify whether any, some, or all 40 are from the six or seven countries specified by executive orders 13780 or 13769). He contrasts this figure with EO 13780's statement that " nce 2001, hundreds of persons born abroad have been convicted of terrorism-related crimes in the United States", which he says requires including planned acts outside the United States" because "If the people counted as 'terrorism-related' convictions were really convicted of planning, attempting, or carrying out a terrorist attack on U.S. soil then supporters of Trump's executive order would call them 'terrorism convictions' and exclude the escriptor'related'."


Development

''The New York Times'' said that candidate Trump in a speech on June 13, 2016, read from statutory language to justify the President's authority to suspend immigration from areas of the world with a history of terrorism. ''The Washington Post'' identified the referenced statute as 8 U.S.C. 1182(f). This was the statutory subsection eventually cited in sections 3, 5, and 6 of the executive order. According to
CNN CNN (Cable News Network) is a multinational cable news channel headquartered in Atlanta, Georgia, U.S. Founded in 1980 by American media proprietor Ted Turner and Reese Schonfeld as a 24-hour cable news channel, and presently owned by the M ...
, the executive order was developed primarily by
White House The White House is the official residence and workplace of the president of the United States. It is located at 1600 Pennsylvania Avenue NW in Washington, D.C., and has been the residence of every U.S. president since John Adams in 1800. ...
officials (which the ''
Los Angeles Times The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' reported as including "major architect" Stephen Miller and
Steve Bannon Stephen Kevin Bannon (born November 27, 1953) is an American media executive, political strategist, and former investment banker. He served as the White House's chief strategist in the administration of U.S. president Donald Trump during t ...
) without input from the U.S. Department of Justice's
Office of Legal Counsel The Office of Legal Counsel (OLC) is an office in the United States Department of Justice that assists the Attorney General's position as legal adviser to the President and all executive branch agencies. It drafts legal opinions of the Attorney ...
(OLC) that is typically a part of the drafting process. This was disputed by White House officials. The OLC usually reviews all executive orders with respect to form and legality before issuance. The White House under previous administrations, including the Obama administration, has bypassed or overruled the OLC on sensitive matters of national security. Trump aides said that the order had been issued in consultation with Department of Homeland Security and
State Department The United States Department of State (DOS), or State Department, is an United States federal executive departments, executive department of the Federal government of the United States, U.S. federal government responsible for the country's fore ...
officials. Officials at the State Department and other agencies said it was not. An official from the Trump administration said that parts of the order had been developed in the transition period between Trump's election and his inauguration. CNN reported that
Homeland Security Secretary The United States secretary of homeland security is the head of the United States Department of Homeland Security, the federal department tasked with ensuring public safety in the United States. The secretary is a member of the Cabinet of the U ...
John Kelly John or Jack Kelly may refer to: People Academics and scientists * John Kelly (engineer), Irish professor, former Registrar of University College Dublin *John Kelly (scholar) (1750–1809), at Douglas, Isle of Man *John Forrest Kelly (1859–1922) ...
and Department of Homeland Security leadership saw the details shortly before the order was finalized. On January 31 John Kelly told reporters that he "did know it was under development" and had seen at least two drafts of the order. (Note: With the final draft, two drafts of the order were public by the time the order was released on January 27. See prior leaked draft of order, which was public on January 25.) James Mattis, for the Department of Defense, did not see a final version of the order until the morning of the day President Trump signed it (the signing occurred shortly after Mattis' swearing-in ceremony for
secretary of defense A defence minister or minister of defence is a cabinet official position in charge of a ministry of defense, which regulates the armed forces in sovereign states. The role of a defence minister varies considerably from country to country; in som ...
in the afternoon) and the White House did not offer Mattis the chance to provide input while the order was drafted. Rex Tillerson, though not yet confirmed as secretary of state, was involved in cabinet-level discussions about implementation of the order at least as early as 2:00 a.m. Sunday, January 29. According to the
Department of Homeland Security Office of Inspector General The Department of Homeland Security Office of Inspector General was established along with the Department of Homeland Security itself in 2002 by the Homeland Security Act. Its website describes its mission as "supervis ngindependent audits, inve ...
, the only people at DHS who saw the executive order before it was signed were Kelly and DHS's acting general counsel, who was first shown the order one hour in advance of signing. The DHS inspector general found that
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
was not sent a draft of the order and that acting commissioner
Kevin McAleenan Kevin Kealoha McAleenan (born September 5, 1971) is an American attorney and government official who 2019–2020 Department of Homeland Security appointment disputes, unlawfully served as the acting United States secretary of homeland security f ...
received most of his information on the order from congressional staffers. White House cyber security adviser
Rudy Giuliani Rudolph William Louis Giuliani (, ; born May 28, 1944) is an American politician and lawyer who served as the 107th Mayor of New York City from 1994 to 2001. He previously served as the United States Associate Attorney General from 1981 to 198 ...
said on
Fox News The Fox News Channel, abbreviated FNC, commonly known as Fox News, and stylized in all caps, is an American multinational conservative cable news television channel based in New York City. It is owned by Fox News Media, which itself is owne ...
that President Trump came to him for guidance over the order. He said that Trump called him about a "Muslim ban" and asked him to form a committee to show him "the right way to do it legally". The committee, which included former U.S. attorney general and chief judge of the
Southern District of New York The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a federal trial court whose geographic jurisdiction encompasses eight counties of New York State. Two of these are in New York City: New Y ...
Michael Mukasey Michael Bernard Mukasey (; born July 28, 1941) is an American attorney and former federal judge who served as the 81st Attorney General of the United States from 2007 to 2009. Born in New York City in 1941, Mukasey attended Ramaz School, graduat ...
and representatives
Mike McCaul Michael Thomas McCaul Sr. (born January 14, 1962) is an American attorney and politician serving as the U.S. representative for since 2005. A member of the Republican Party, he chaired the House Committee on Homeland Security during the 113t ...
and
Peter T. King Peter Thomas King (born April 5, 1944) is a former American politician who represented New York in the U.S. House of Representatives from 1993 to 2021. A member of the Republican Party, he represented a South Shore Long Island district that in ...
, decided to drop the religious basis and instead focus on regions where, as Giuliani put it, there is "substantial evidence that people are sending terrorists" to the United States. Nongovernment research does indicate foreign nationals from the affected countries in the travel ban have been arrested and implicated in terrorist plots since 9/11; it also indicates there have been no deaths in the United States caused by extremists with family backgrounds in those affected countries.


Provisions

The version of the executive order posted at the White House website differs from the Presidentially approved order published by the
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
. Section 1, describing the purpose of the order, invoked the
September 11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
, stating that then State Department policy prevented consular officers from properly scrutinizing the visa applications of the attackers. However, none of the
September 11 hijackers The hijackers in the September 11 attacks, who were often referred to as the 9/11 hijackers, were 19 men affiliated with the militant Islamist group al-Qaeda. They hailed from four countries; 15 of them were citizens of Saudi Arabia, two were fro ...
were from any of the seven banned countries. When announcing his executive action, Trump made similar references to the attacks several times. The order excluded countries of origin of radicalized Muslim perpetrators of attacks against the United States, such as Saudi Arabia, Lebanon, United Arab Emirates, Pakistan, Russia and Kyrgyzstan. It also did not include any
Muslim countries The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. In ...
where
the Trump Organization The Trump Organization is a group of about 500 business entities of which Donald Trump is the sole or principal owner. Around 250 of these entities use the Trump name. The organization was founded in 1927 by Donald Trump's paternal grandmother ...
had conducted business, such as the United Arab Emirates and Turkey. Political activist and legal scholar
David G. Post David G. Post (born 1951) is an American legal scholar. Post is an expert in intellectual property law and cyberspace law. Until his retirement in 2014, Post served as Professor of Law at Beasley School of Law of Temple University in Philadelph ...
opined in ''The Washington Post'' that Trump had "allowed business interests to interfere with his public policy making", and called for his impeachment.


Visitors, immigrants, and refugees

Section 3 of the order blocks entry of people from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen, for at least 90 days, regardless of whether or not they hold valid non-diplomatic visas. This order affects about 218 million people who are citizens of these countries. After 90 days a list of additional countries—not just those specified by a subparagraph of the Immigration and Nationality Act (INA)—must be prepared. The cited portion of the INA refers to aliens who have been present in or are nationals of Iraq, Syria, and other countries designated by the Secretary of State. Citing Section 3(c) of the executive order, Deputy Assistant Secretary of State for
Consular Affairs A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people ...
Edward J. Ramotowski issued a notice that "provisionally revoke all valid nonimmigrant and immigrant visas of nationals" of the designated countries. The secretary of
homeland security Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to ...
, in consultation with the secretary of state and the
director of national intelligence The director of national intelligence (DNI) is a senior, cabinet-level United States government official, required by the Intelligence Reform and Terrorism Prevention Act of 2004 to serve as executive head of the United States Intelligence Commu ...
, must conduct a review to determine the information needed from any country to adjudicate any visa, admission, or any other benefit under the INA. Within 30 days the secretary of homeland security must list countries that do not provide adequate information. The foreign governments then have 60 days to provide the information on their nationals after which the secretary of homeland security must submit to the president a list of countries recommended for inclusion on a presidential proclamation that would prohibit the entry of foreign nationals from countries that do not provide the information. Section 5 suspends the U.S. Refugee Admissions Program (USRAP) for at least 120 days but stipulates that the program can be resumed for citizens of the specified countries if the secretary of state, secretary of
homeland security Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to ...
and the director of national intelligence agree to do so. The suspension for Syrian refugees is indefinite. The number of new refugees allowed in 2017 is capped to 50,000 (reduced from 110,000). After the resumption of USRAP refugee applications will be prioritized based on religion-based persecutions only in the case that the religion of the individual is a minority religion in that country. The order said that the secretaries of state and
homeland security Homeland security is an American national security term for "the national effort to ensure a homeland that is safe, secure, and resilient against terrorism and other hazards where American interests, aspirations, and ways of life can thrive" to ...
may, on a case-by-case basis and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked. Section 7 calls for an expedited completion and implementation of a biometric entry/exit tracking system for all travelers coming into the United States, without reference to whether they are foreigners or not. (The similar provision in Section 8 of Executive Order 13780 is limited to in-scope travelers, which in 2016 were defined by DHS with respect to biometric entry/exit as all non-U.S. citizens with the ages of 14–79. See Executive Order 13780 at § Effect.) Section 7 orders DHS to follow the recommendation of the National Commission on Terrorist Attacks Upon the United States, commonly known as the 9/11 Commission, to create and implement the biometric entry/exit system.(''See''
The 9/11 Commission Report ''The 9/11 Commission Report'' (officially the ''Final Report of the National Commission on Terrorist Attacks Upon the United States)'' is the official report into the events leading up to the September 11, 2001 terrorist attacks. It was prepa ...
at page 389.) Secretary of Homeland Security John Kelly has stated to Congress that DHS is considering a requirement that refugees and visa applicants reveal social media passwords as part of security screening. The idea was one of many to strengthen border security, as well as requesting financial records. In 2011 the Obama administration released a memo revealing a similar plan to vet social media accounts for visa applicants. John Kelly has stated that the temporary ban is important and that the DHS is developing what "extreme vetting" might look like.


Green-card holders

There was some early confusion about the status of green-card holders (i.e., lawful
permanent residents Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with suc ...
). According to the lawsuit filed by the states of Washington and Minnesota, dated February 3, the government had changed its position five times to date. Initially, on the evening of Friday January 27, the Department of Homeland Security sent out a guidance to airlines stated "lawful permanent residents are not included and may continue to travel to the USA". CNN reported that it was overruled by the White House overnight. Early Saturday, January 28, the Department of Homeland Security's acting press secretary Gillian Christensen said in an e-mail to Reuters that the order barred green-card holders from the affected countries. By Saturday afternoon White House officials said they would need a case-by-case waiver to return. On Sunday White House chief of staff
Reince Priebus Reinhold Richard Priebus ( ; born March 18, 1972) is an American lawyer and politician who served as White House Chief of Staff for President Donald Trump from January 20, 2017, until July 31, 2017. He also served as the chairman of the Republ ...
said that green-card holders would not be prevented from returning to the United States. According to the
Associated Press The Associated Press (AP) is an American non-profit news agency headquartered in New York City. Founded in 1846, it operates as a cooperative, unincorporated association. It produces news reports that are distributed to its members, U.S. newspa ...
no green-card holders were ultimately denied entry to the U.S. although several initially spent "long hours" in detention. On January 29, Secretary of Homeland Security
John Kelly John or Jack Kelly may refer to: People Academics and scientists * John Kelly (engineer), Irish professor, former Registrar of University College Dublin *John Kelly (scholar) (1750–1809), at Douglas, Isle of Man *John Forrest Kelly (1859–1922) ...
deemed entry of lawful permanent residents into the U.S. to be "in the national interest" exempting them from the ban according to the provisions of the executive order. On February 1,
White House counsel The White House counsel is a senior staff appointee of the president of the United States whose role is to advise the president on all legal issues concerning the president and their administration. The White House counsel also oversees the Of ...
Don McGahn Donald Francis McGahn II (; born June 16, 1968) is an American lawyer who served as White House Counsel for U.S. President Donald Trump, from the day of Trump's inauguration through October 17, 2018, when McGahn resigned. Previously, McGahn serv ...
issued a memorandum to the heads of the departments of State, Justice, and Homeland Security clarifying that the ban-provisions of the executive order do not apply to lawful permanent residents. Press Secretary Sean Spicer said that green-card holders from affected countries "no longer need a waiver because, if they are a legal permanent resident, they won't need it anymore".


Dual citizens

There was similar confusion about whether the order affected dual citizens of a banned country and a non-banned country. The State Department said that the order did not affect U.S. citizens who also hold citizenship of one of the seven banned countries. On January 28, the State Department stated that other travelers with dual nationality of one of these countries—for example, an Iranian who also holds a Canadian passport—would not be permitted to enter. However, the
International Air Transport Association The International Air Transport Association (IATA ) is a trade association of the world's airlines founded in 1945. IATA has been described as a cartel since, in addition to setting technical standards for airlines, IATA also organized tariff ...
told their airlines that dual nationals who hold a passport from a non-banned country would be allowed in. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
's
Foreign and Commonwealth Office The Foreign, Commonwealth & Development Office (FCDO) is a Departments of the Government of the United Kingdom, department of the Government of the United Kingdom. Equivalent to other countries' Ministry of Foreign Affairs, ministries of fore ...
issued a press release that the restrictions apply to those traveling from the listed countries not those that merely have their citizenship. The confusion led companies and institutions to take a more cautious approach; for example,
Google Google LLC () is an American multinational technology company focusing on search engine technology, online advertising, cloud computing, computer software, quantum computing, e-commerce, artificial intelligence, and consumer electronics. ...
told its dual-national employees to stay in the United States until more clarity could be provided. On January 31, the State Department updated the restrictions to allow persons holding dual citizenship to enter the US provided they possessed a US visa and entered using a passport from an unrestricted country.


All entrants who are subject to adjudication

Section 4 orders development of a uniform screening procedure as part of the adjudication process for immigration benefits; components of the screening procedure are suggested but not determined. Section 1 ("Purpose") requires screening to identify those who would "place violent ideologies higher than American law" or "oppress Americans of any ... gender or sexual orientation". The only suggested component of the uniform screening procedure in section 4 that specifically mentions a potential entrant's mindset is "a mechanism to assess whether or not the applicant has the intent to commit criminal or terrorist acts after entering the United States". Trump's August 15 speech proposed an ideological test for all immigrants to screen out people who might harbor violent or oppressive attitudes toward women or gays. In response, immigration expert
Stephen Yale-Loehr Stephen Yale-Loehr (born 10 June 1954), is an American law professor and immigration law attorney. Yale-Loehr earned his undergraduate and law degrees from Cornell University in 1977 and 1981, respectively. He was editor-in-chief of the Cornell ...
suggested that an ideological test could involve screening immigration applicants' social media pages as part of a routine background check. The Trump administration has formally proposed adding optional collection of social media account information for visa applicants from China affecting approximately 3.6 million people annually. DHS has publicly proposed to ask some entrants for social media passwords and financial records, barring entry to those who do not comply; it regards the information as particularly important for vetting entrants from states such as Somalia and Syria, whose governments have poorer records systems. According to Sophia Cope, a lawyer for the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ci ...
, foreign nationals may be denied entry to the U.S. for refusing to turn over device passwords, and the law is not clear for permanent residents; device passwords may be used to access social media when the user is logged in to the social media account. Part (b) of Section 4 requires the departments of State and Homeland Security, the Director of National Intelligence, and the FBI to present progress reports on the uniform screening procedure to the President, the first of which is due 60 days from the date the order was issued.


Deleted provision regarding safe zones in Syria

A leaked prior draft of the order (published by ''The Washington Post'' before the order went into effect) would have ordered that "the Secretary of State, in conjunction with the Secretary of Defense, is directed within 90 days of the date of this order to produce a plan to provide safe areas in Syria and in the surrounding region in which Syrian nationals displaced from their homeland can await firm settlement, such as repatriation or potential third-country resettlement." This provision was omitted from the final order.
Rex Tillerson Rex Wayne Tillerson (born March 23, 1952) is an American engineer and energy executive who served as the 69th U.S. secretary of state from February 1, 2017, to March 31, 2018, under President Donald Trump. Prior to joining the Trump administ ...
, Trump's secretary of state, had not yet taken office at the time the executive order went into effect. During and after his campaign Trump proposed establishing safe zones in Syria as an alternative to Syrian refugees' immigration to the U.S. In the past "safe zones" have been interpreted as establishing, among other things, no-fly zones over Syria. During the Obama administration,
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
encouraged the U.S. to establish safe zones; the Obama administration was concerned about the potential for pulling the U.S. into a war with Russia. In the first weeks of Trump's presidency Turkey renewed its call for safe zones and proposed a new plan for them, the Trump administration has spoken with several other Sunni Arab States regarding safe zones, and Russia has asked for clarification regarding any Trump administration plan regarding safe zones. The UN High Commissioner on Refugees and
Bashar Assad Bashar Hafez al-Assad, ', Levantine pronunciation: ; (, born 11 September 1965) is a Syrian politician who is the 19th president of Syria, since 17 July 2000. In addition, he is the commander-in-chief of the Syrian Armed Forces and the S ...
have dismissed safe zones as unworkable.


Impact


Terrorism

Trump's stated reason for issuing the executive order was to prevent terrorism.Vivian Salama & Alicia A. Caldwell
AP Exclusive: DHS report disputes threat from banned nations
Associated Press (February 24, 2017).
An internal report compiled by the
U.S. Department of Homeland Security The United States Department of Homeland Security (DHS) is the U.S. federal executive department responsible for public security, roughly comparable to the interior or home ministries of other countries. Its stated missions involve anti-terr ...
Intelligence and Analysis Unit, however, concluded that people from the seven nations affected by the travel ban pose no increased terror risk.Nixon,Ron. (February 25, 2017)
People From 7 Travel-Ban Nations Pose No Increased Terror Risk, Report Says
''The New York Times''.
Copy @ Wayback Machine
The report found that "country of citizenship is unlikely to be a reliable indicator of potential terrorist activity" and that few individuals from the seven affected countries access the U.S. in any case, since the State Department grants a small number of visas to citizens of those countries." The report found that of 82 people determined to have inspired by a
foreign terrorist organization Foreign Terrorist Organization (FTO) is a designation for non-United States-based organizations deemed by the United States Secretary of State, in accordance with section 219 of the Immigration and Nationality Act of 1965 (INA), to be involved ...
"to carry out or try to carry out an attack in the United States, just over half were U.S. citizens born in the United States," while the rest came from a group of 26 countries, only two of which were among the seven nations included in the ban. White House and DHS officials downplayed the significance of the report, saying it was only a draft. ''The New York Times'' reported that "for an action aimed at terrorism, the order appeared to garner little or no support among experts and former officials of every political stripe with experience in the field."
Scott Shane Scott Shane (born May 22, 1954 in Augusta, Georgia) is an American journalist, currently employed by ''The New York Times'', reporting principally about the United States intelligence community. Career and education Shane received a bachelo ...

"Immigration Ban Is Unlikely to Reduce Terrorist Threat, Experts Say"
''The New York Times'' (January 28, 2017).
Experts on terrorism, such as
Charles Kurzman Charles Kurzman is a Professor of Sociology at University of North Carolina at Chapel Hill who specializes in Middle East and Islamic studies. Education and employment After completing his B.A. at Harvard University in 1986, he completed his M.A. ...
of the
University of North Carolina The University of North Carolina is the multi-campus public university system for the state of North Carolina. Overseeing the state's 16 public universities and the NC School of Science and Mathematics, it is commonly referred to as the UNC Sy ...
,
Brian Michael Jenkins Brian Michael Jenkins (born 1942) is an American expert on terrorism and transportation security. During his nearly four decades of analysis, Jenkins has advised governments, private corporations, the Catholic Church, and the Church of England on t ...
of the
RAND Corporation The RAND Corporation (from the phrase "research and development") is an American nonprofit global policy think tank created in 1948 by Douglas Aircraft Company to offer research and analysis to the United States Armed Forces. It is financed ...
, and
Daniel Benjamin Daniel Benjamin (born October 16, 1961) is an American diplomat and journalist and was the Coordinator for Counterterrorism at the United States Department of State from 2009 to 2012, appointed by Secretary Hillary Clinton. Benjamin was the direct ...
of
Dartmouth College Dartmouth College (; ) is a private research university in Hanover, New Hampshire. Established in 1769 by Eleazar Wheelock, it is one of the nine colonial colleges chartered before the American Revolution. Although founded to educate Native A ...
, formerly the State Department's top counterterrorism official, all commented upon the order. Benjamin said that the order was unlikely to reduce the terrorist threat, and "many experts believe the order's unintended consequences will make the threat worse." Kurzman noted that since the
September 11 attacks The September 11 attacks, commonly known as 9/11, were four coordinated suicide terrorist attacks carried out by al-Qaeda against the United States on Tuesday, September 11, 2001. That morning, nineteen terrorists hijacked four commercia ...
in 2001, no one has been killed in the U.S. in a terrorist attack by anyone who emigrated from or whose parents emigrated from the seven affected countries. Jenkins explained that of the 147 Jihadist plots and attacks since 9/11, 105 were perpetrated by U.S. citizens and 20 involved legal permanent residents. "In other words, 85 percent of the terrorists lived in the U.S. a long time before carrying out an attack—they were radicalized within the nation's borders." Jenkins went on to say: "Had this temporary prohibition been in effect since 9/11, how many lives would have been saved Not one." While Jenkins conceded that there were two individuals whose entry would have been prevented had the ban been in place since 9/11, both were in the country for years prior to engaging in terrorist related activities. According to Jenkins, the "... failure to identify these individuals before they entered the United States is not a flaw in the vetting process; it is our inability to predict human behavior years into the future." According to ''The New York Times'' reporter
Scott Shane Scott Shane (born May 22, 1954 in Augusta, Georgia) is an American journalist, currently employed by ''The New York Times'', reporting principally about the United States intelligence community. Career and education Shane received a bachelo ...
, the seven countries in the executive order had a "random quality"; the list excluded
Saudi Arabia Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
and
Egypt Egypt ( ar, مصر , ), officially the Arab Republic of Egypt, is a transcontinental country spanning the northeast corner of Africa and southwest corner of Asia via a land bridge formed by the Sinai Peninsula. It is bordered by the Mediter ...
(where many jihadist groups were founded) and
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
and
Afghanistan Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordere ...
(where extremism has a long history, and which have "produced militants who have occasionally reached the United States"). Benjamin stated that the order might be counterproductive in terms of counterterrorism cooperation and feeding into "the jihadist narrative" of a West at war with Islam.
Jonathan Schanzer Jonathan Schanzer is an American author and senior vice president of research at the Foundation for Defense of Democracies. He oversees the work of the organization's experts and scholars. Professional overview Schanzer was a Research Fellow at ...
of the conservative
Foundation for Defense of Democracies The Foundation for Defense of Democracies (FDD) is a 501(c)(3) non-profit think tank and registered lobbying organization based in Washington, D.C., United States. The group's political leanings have been described as hawkish and neoconservative ...
said that "The order appears to be based mainly on a campaign promise," and did not appear to be tied to any effort to improve vetting or other procedures. A 2021 study in the ''American Political Science Review'' found that Trump's refugee ban (which caused a 66% reduction in refugee resettlement) had no impact on crime rates.


Implementation at airports

Shortly after the enactment of the executive order, at 4:42 pm on January 27, border officials across the country began enforcing the new rules. ''The New York Times'' reported people with various backgrounds and statuses being denied entry or sent back; this included refugees and minority Christians from the affected countries as well as students and green-card holders returning to the United States after visits abroad. People from the countries mentioned in the order with valid visas were turned away from flights to the U.S. Some were stranded in a foreign country while in transit. Several people already on planes flying to the U.S. at the time the order was signed were detained on arrival. On January 28 the
American Civil Liberties Union The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) estimated that there were 100 to 200 people being detained in U.S. airports, and hundreds were barred from boarding U.S.-bound flights. About 60 legal permanent residents were reported as detained at
Dulles International Airport Washington Dulles International Airport , typically referred to as Dulles International Airport, Dulles Airport, Washington Dulles, or simply Dulles ( ), is an international airport in the Eastern United States, located in Loudoun County and Fai ...
near
Washington, D.C. ) , image_skyline = , image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
Travelers were also detained at O'Hare International Airport without access to their cellphones and unable to access legal assistance.
The Council on American-Islamic Relations ''The'' () is a grammatical article in English, denoting persons or things already mentioned, under discussion, implied or otherwise presumed familiar to listeners, readers, or speakers. It is the definite article in English. ''The'' is the ...
(CAIR) offers free legal help to travels who experience problems with the "ban". Attorneys are stationed, around the clock, at the Chicago airport and CAIR also encourages travelers to register with them, prior to travel. The Department of Homeland Security (DHS) said on January 28 that the order was applied to "less than one percent" of the 325,000 air travelers who arrived in the United States. By January 29 DHS estimated that 375 travelers had been affected with 109 travelers in transit and another 173 prevented from boarding flights. In some airports there were reports that Border Patrol agents were requesting access to travelers'
social media Social media are interactive media technologies that facilitate the creation and sharing of information, ideas, interests, and other forms of expression through virtual communities and networks. While challenges to the definition of ''social medi ...
accounts. On February, 3 attorneys for the DOJ's
Office of Immigration Litigation The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress A Member of Congress (MOC) is a person who has been appointed or elected and inducted into an official bod ...
advised a judge hearing one of the legal challenges to the order that more than 100,000 visas have been revoked as a consequence of the order. They also advised the judge that no legal permanent residents have been denied entry. The State Department later revised this figure downward to fewer than 60,000 revoked visas and clarified that the larger DOJ figure incorrectly included visas that were exempted from the travel ban (such as diplomatic visas) and expired visas.


Number of affected people

On January 30, Trump said on Twitter "Only 109 people ... were detained and held for questioning"; Homeland Security officials later said this number referred to the initial hours of the order's implementation. On January 31, Customs and Border Protection (CBP) reported that 721 people were detained or denied boarding under the order; CBP also reported 1,060 waivers for green-card holders had been processed; 75 waivers had been granted for persons with immigrant and nonimmigrant visas; and 872 waivers for refugees had been granted. On February 23, the Justice Department provided the ACLU with a list of 746 people who were detained or processed by CBP during the twenty-six hours from Judge Ann Donnelly's ruling at 9:37pm on January 28 to 11:59pm on January 29; the ACLU has identified at least 10 people meeting this description who are not on the list they received. Detentions continued at Chicago's O'Hare airport on January 30. The effect of the order was far broader, however, than the number of people detained. In terms of barred visa-holders, the federal government reported that more than "100,000 visas for foreigners inside and outside the United States have also been revoked, at least temporarily." ''The Washington Post'' fact-checker, citing State Department figures, reported that 60,000 U.S. visas were issued in the seven affected countries in fiscal year 2015. ''The New York Times'' reported that 86,000 nonimmigrant-temporary visas (mostly for tourism, business travel, temporary work, or education) have been granted to citizens in the seven affected countries in the 2015 fiscal year. The executive order also barred people from the seven countries from obtaining new immigrant visas. In 2015, 52,365 people from the seven affected countries had been issued green cards (which are typically awarded soon after the arrival of an immigrant visa-holder to the United States); " general, about half of recent new legal permanent residents are new arrivals to the country, and the other half had their status adjusted after living in the United States." In the weeks of 2017 prior to the executive order, the U.S. admitted approximately 1,800 refugees per week (total) from the seven countries covered by the order. While the executive order was in effect, the U.S. received two refugees from those countries.


Impact on U.S. industry

Google called its traveling employees back to the U.S. in case the order prevented them from returning. About 100 of the company's employees were thought to be affected by the order. Google CEO
Sundar Pichai Pichai Sundararajan (born June 10, 1972), better known as Sundar Pichai (), is an Indian-American business executive. He is the chief executive officer (CEO) of Alphabet Inc. and its subsidiary Google. Born in Madurai, India, Pichai earned hi ...
wrote in a letter to his staff that "it's painful to see the personal cost of this executive order on our colleagues. We've always made our view on immigration issues known publicly and will continue to do so."
Amazon.com Inc. Amazon.com, Inc. ( ) is an American multinational technology company focusing on e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. It has been referred to as "one of the most influential economi ...
, citing disruption in travel for its employees, and
Expedia Inc. Expedia Group, Inc. is an American online travel shopping company for consumer and small business travel. Its websites, which are primarily travel fare aggregators and travel metasearch engines, include Expedia.com, Hotels.com, Vrbo (previous ...
, citing impact to its customers and refund costs, filed declarations in support of the states of
Washington Washington commonly refers to: * Washington (state), United States * Washington, D.C., the capital of the United States ** A metonym for the federal government of the United States ** Washington metropolitan area, the metropolitan area centered on ...
and
Minnesota Minnesota () is a state in the upper midwestern region of the United States. It is the 12th largest U.S. state in area and the 22nd most populous, with over 5.75 million residents. Minnesota is home to western prairies, now given over to ...
in their case against the executive order, '' State of Washington v. Trump''. However, Committee for Economic Development CEO
Steve Odland Steve Odland is an American businessman. He is the President and CEO of The Conference Board. He also is the former Chairman and CEO of Office Depot, Inc. and AutoZone, Inc., and the former President and CEO of Tops Markets and the Committee fo ...
and several other executives and analysts commented that the order will not lead to significant changes in IT hiring practices among US companies, since the countries affected are not the primary source of foreign talent. According to the Hill "a cross-section of legal experts and travel advocates" say that the order "could have a chilling effect on U.S. tourism, global business and enrollment in American universities". One effect of Trump's election and policies, and in particular, Trump's executive order, is the "Trump Slump" on the U.S. tourism industry, which contributed $1.47 trillion to the country's GDP in 2014. As reported by
Frommer's Frommer's is a travel guide book series created by Arthur Frommer in 1957. Frommer's has since expanded to include more than 350 guidebooks in 14 series, as well as other media including an eponymous radio show and a website. In 2017, the company ...
, according to Global Business Travel Association, as well as local tourist offices, with policies such as Executive Order 13769 making foreigners feeling less welcome, fewer tourists began traveling to the U.S., with all foreign tourism down 6.8%, online searches for flights from foreign countries down 17%, and foreign business travel dropping by $185 million during the first week of the immigration suspension. Economic Research Firm Oxford Economics found that Los Angeles County could lose 800,000 visitors—who would otherwise account for $736 million in tourism spending— as a direct result of the ban.


Travelers and patients

According to
Trita Parsi Trita Parsi ( fa, تریتا پارسی, born 21 July 1974) is the co-founder and executive vice president of the Quincy Institute for Responsible Statecraft, as well as the founder and former president of the National Iranian American Council. He ...
, the president of the
National Iranian American Council The National Iranian American Council (NIAC; fa, شورای ملی ایرانیان آمریکا) is a NGO based in Washington, D.C. The NIAC Action, the sister organization of NIAC, was formed in 2015 to build political power for Iranian American ...
, the order distressed citizens of the affected countries including those holding valid green cards and valid visas. Those outside the U.S. fear that they will not be allowed in, while those already in the country fear that they will not be able to leave, even temporarily, because they would not be able to return. Some sources have stated that the executive order, if upheld, is likely to contribute to a doctor shortage in the United States, disproportionately affecting rural areas and underprovided specialties. According to an analysis by a
Harvard Medical School Harvard Medical School (HMS) is the graduate medical school of Harvard University and is located in the Longwood Medical Area of Boston, Massachusetts. Founded in 1782, HMS is one of the oldest medical schools in the United States and is consi ...
group of professors, research analysts and physicians, the executive order is likely to reduce the number of physicians in the United States as approximately 5% of the foreign-trained physicians in the United States were trained in the seven countries targeted by the executive order. These doctors are disproportionately likely to practice medicine in rural, underserved regions and specialties facing a large shortage of practitioners. According to The Medicus Firm, which recruits doctors for hard-to-fill jobs, Trump's executive order covers more than 15,000 physicians in the United States.


Impact on education

Many universities were impacted by the issuance of the travel ban. One example is Bennington College. Since nearly twenty percent of students are from around the world, some students were not allowed to return. Even students who planned to attend this college in the future were unable to. Universities like New York University, updated its students on each iteration of the travel ban to keep students educated on what they can do if they are affected by the order. Many university administrators believe that due to President Trump's view on immigration, students abroad have become reluctant to study in the United States. Students that have the F1 visa are put at risk with this executive order. Since F1 visas only allow these visa holders one-entry into the United States, this executive order may not allow these individuals to come back if they decide to leave the country for a school break. Due to the ban, the students on F1 visas may not be able to see their families for several years especially if their parents cannot enter the United States as a result of the ban.


Timeline


Reactions

Democrats "were nearly united in their condemnation" of the policy with opposition from
Senate minority leader The positions of majority leader and minority leader are held by two United States senators and members of the party leadership of the United States Senate. They serve as the chief spokespersons for their respective political parties holding ...
Charles Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
(D-NY), senators
Bernie Sanders Bernard Sanders (born September8, 1941) is an American politician who has served as the junior United States senator from Vermont since 2007. He was the U.S. representative for the state's at-large congressional district from 1991 to 2007 ...
(I-VT) and
Kamala Harris Kamala Devi Harris ( ; born October 20, 1964) is an American politician and attorney who is the 49th vice president of the United States. She is the first female vice president and the highest-ranking female official in U.S. history, as well ...
(D-CA), former U.S. secretaries of state
Madeleine Albright Madeleine Jana Korbel Albright (born Marie Jana Korbelová; May 15, 1937 – March 23, 2022) was an American diplomat and political scientist who served as the 64th United States secretary of state from 1997 to 2001. A member of the Democratic ...
and
Hillary Clinton Hillary Diane Rodham Clinton ( Rodham; born October 26, 1947) is an American politician, diplomat, and former lawyer who served as the 67th United States Secretary of State for President Barack Obama from 2009 to 2013, as a United States sen ...
, and former president
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the U ...
. Some
Republicans Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...
praised the order with
Speaker of the House The speaker of a deliberative assembly, especially a legislative body, is its presiding officer, or the chair. The title was first used in 1377 in England. Usage The title was first recorded in 1377 to describe the role of Thomas de Hungerf ...
Paul Ryan Paul Davis Ryan (born January 29, 1970) is an American former politician who served as the List of Speakers of the United States House of Representatives, 54th speaker of the United States House of Representatives from 2015 to 2019. A member o ...
saying that Trump was "right to make sure we are doing everything possible to know exactly who is entering our country" while noting that he supported the refugee resettlement program. However, some top Republicans in
Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of a ...
criticized the order. A statement from senators
John McCain John Sidney McCain III (August 29, 1936 – August 25, 2018) was an American politician and United States Navy officer who served as a United States senator from Arizona from 1987 until his death in 2018. He previously served two terms ...
and
Lindsey Graham Lindsey Olin Graham (born July 9, 1955) is an American lawyer and politician serving as the senior United States senator from South Carolina, a seat he has held since 2003. A member of the Republican Party, Graham chaired the Senate Committee ...
cited the confusion that the order caused and the fact that the "order went into effect with little to no consultation with the departments of State, Defense, Justice, and Homeland Security". Senator
Susan Collins Susan Margaret Collins (born December 7, 1952) is an American politician serving as the senior United States senator from Maine. A member of the Republican Party, she has held her seat since 1997 and is Maine's longest-serving member of Co ...
also objected to the ban. Some 1,000 career U.S. diplomats signed a "dissent cable" (memorandum) outlining their disagreement with the order, sending it through the State Department's Dissent Channel, in what is believed to be the largest number to ever sign on to a dissent cable. Over 40 Nobel laureates, among many academics, also opposed the order. Polls of the American public's opinion of the order were mixed, with some polls showing majority opposition and others showing majority support. Public responses often depended on the wording of polling questions. Some critics accused the order of being a "Muslim ban" because the order only targeted Muslim-majority countries, because Trump's advisers called it a "Muslim ban", and Trump himself equated the order to a Muslim ban on at least 12 occasions. The order prompted broad condemnation from the
international community The international community is an imprecise phrase used in geopolitics and international relations to refer to a broad group of people and governments of the world. As a rhetorical term Aside from its use as a general descriptor, the term is ...
including longstanding U.S. allies and the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
. Canadian prime minister
Justin Trudeau Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
stated that Canada would continue to welcome refugees regardless of their faith. British prime minister
Theresa May Theresa Mary May, Lady May (; née Brasier; born 1 October 1956) is a British politician who served as Prime Minister of the United Kingdom and Leader of the Conservative Party from 2016 to 2019. She previously served in David Cameron's cab ...
was initially reluctant to condemn the policy, having just met with Trump the day prior, saying that "the United States is responsible for the United States policy on refugees", but said she "did not agree" with the approach. France, Germany and
Turkey Turkey ( tr, Türkiye ), officially the Republic of Türkiye ( tr, Türkiye Cumhuriyeti, links=no ), is a list of transcontinental countries, transcontinental country located mainly on the Anatolia, Anatolian Peninsula in Western Asia, with ...
condemned the order. Some media outlets said
Australian prime minister The prime minister of Australia is the head of government of the Commonwealth of Australia. The prime minister heads the executive branch of the federal government of Australia and is also accountable to federal parliament under the principl ...
Malcolm Turnbull Malcolm Bligh Turnbull (born 24 October 1954) is an Australian former politician and businessman who served as the 29th prime minister of Australia from 2015 to 2018. He held office as leader of the Liberal Party of Australia. Turnbull grad ...
avoided public comment on the order, with Turnbull saying it was "not my job" to criticize it. However, Australian opinion soured after a tweet by Trump appeared to question a refugee deal already agreed by Turnbull and Obama. Iran's Ministry of Foreign Affairs characterized Trump's order as insulting to the
Islamic world The terms Muslim world and Islamic world commonly refer to the Islamic community, which is also known as the Ummah. This consists of all those who adhere to the religious beliefs and laws of Islam or to societies in which Islam is practiced. In ...
and counter-productive in the attempt to combat
extremism Extremism is "the quality or state of being extreme" or "the advocacy of extreme measures or views". The term is primarily used in a political or religious sense to refer to an ideology that is considered (by the speaker or by some implied share ...
. The commander of the
Iraqi Air Force The Iraqi Air Force (IQAF or IrAF) ( ar, القوات الجوية العراقية, Al Quwwat al Jawwiyah al Iraqiyyah}) is the aerial warfare service branch of the Iraqi Armed Forces. It is responsible for the defense of Iraqi airspace as well ...
said he is "worried and surprised", as the ban may affect
Iraqi security forces The Iraqi Security Forces (ISF) is a term used by the United States Department of Defense (DoD) to describe law enforcement and military forces of the federal government of the Republic of Iraq. During the Iraq War, these entities received trainin ...
members (such as Iraqi pilots being trained in US) who are on the front-lines of fighting
ISIS Isis (; ''Ēse''; ; Meroitic: ''Wos'' 'a''or ''Wusa''; Phoenician: 𐤀𐤎, romanized: ʾs) was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingd ...
terrorism. However, traditional US allies in the region were largely silent. On February 1, the
United Arab Emirates The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at th ...
became the first Muslim-majority nation to back the order. Some Catholic leaders have condemned the ban and encouraged mercy and compassion towards refugees. The executive director of the
Baptist Joint Committee for Religious Liberty Founded in 1936, the Baptist Joint Committee for Religious Liberty (BJC) is a national faith-based organization which focuses on upholding the historic Baptist principle of religious liberty. With a staff of attorneys, scholars, ministers and mo ...
, Amanda Tyler, stated that the executive order was "a back-door bar on Muslim refugees." The director of the
Alliance of Baptists The Alliance of Baptists is a Baptist Christian denomination in the United States and Canada. The headquarters is in Raleigh, North Carolina. History The Alliance of Baptists was formed in 1987 as the Southern Baptist Alliance by liberal individ ...
, Paula Clayton Dempsey, urged support for U.S. resettlement of refugees. Members of the
Southern Baptist Convention The Southern Baptist Convention (SBC) is a Christian denomination based in the United States. It is the world's largest Baptist denomination, and the largest Protestant and second-largest Christian denomination in the United States. The wor ...
were largely supportive of the executive order. ''
The Economist ''The Economist'' is a British weekly newspaper printed in demitab format and published digitally. It focuses on current affairs, international business, politics, technology, and culture. Based in London, the newspaper is owned by The Econo ...
'' noted that the order was signed on
International Holocaust Remembrance Day The International Holocaust Remembrance Day, or the International Day in Memory of the Victims of the Holocaust, is an international memorial day on 27 January that commemorates the victims of the Holocaust, which resulted in the murder of on ...
. This, as well as Trump's omission of any reference to Jews or
anti-Semitism Antisemitism (also spelled anti-semitism or anti-Semitism) is hostility to, prejudice towards, or discrimination against Jews. A person who holds such positions is called an antisemite. Antisemitism is considered to be a form of racism. Antis ...
in his concurrent address for Holocaust Remembrance Day and the ban's possible effect on Muslim refugees, led to condemnation from Jewish organizations, including the
Anti-Defamation League The Anti-Defamation League (ADL), formerly known as the Anti-Defamation League of B'nai B'rith, is an international Jewish non-governmental organization based in the United States specializing in civil rights law. It was founded in late Septe ...
, the
HIAS HIAS (founded as the Hebrew Immigrant Aid Society) is a Jewish American nonprofit organization that provides humanitarian aid and assistance to refugees. It was originally established in 1881 to aid Jewish refugees. In 1975, the State Departme ...
, and
J Street J Street ( he, ג'יי סטריט) is a nonprofit liberal advocacy group based in the United States whose stated aim is to promote American leadership to end the Arab–Israeli and Israeli–Palestinian conflicts peacefully and diplomatica ...
, as well as some Holocaust survivors. Polls found that a majority of Americans (55%) supported Trump's travel ban on visitors from six predominantly Muslim countries. Other polls showed 34% of Britons would back similar restrictions in the UK. Some European
far-right Far-right politics, also referred to as the extreme right or right-wing extremism, are political beliefs and actions further to the right of the left–right political spectrum than the standard political right, particularly in terms of being ...
groups and politicians, such as
Geert Wilders Geert Wilders (; born 6 September 1963) is a Dutch politician who has led the Party for Freedom (''Partij voor de Vrijheid'' – PVV) since he founded it in 2006. He is also the party's leader in the House of Representatives (''Tweede Kamer'' ...
and French presidential candidate
Marine Le Pen Marion Anne Perrine "Marine" Le Pen (; born 5 August 1968) is a French lawyer and politician who ran for the French presidency in 2012, 2017, and 2022. A member of the National Rally (RN; previously the National Front, FN), she served as its pre ...
, applauded the executive order. Some "
alt-right The alt-right, an abbreviation of alternative right, is a far-right, white nationalist movement. A largely online phenomenon, the alt-right originated in the United States during the late 2000s before increasing in popularity during the mid-2 ...
" groups, as well as
white nationalists White nationalism is a type of racial nationalism or pan-nationalism which espouses the belief that white people are a raceHeidi Beirich and Kevin Hicks. "Chapter 7: White nationalism in America". In Perry, Barbara. ''Hate Crimes''. Greenwood ...
and the
Ku Klux Klan The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
also praised the executive order. Jihadist and
Islamic terrorist Islamic terrorism (also known as Islamist terrorism or radical Islamic terrorism) refers to terrorist acts with religious motivations carried out by fundamentalist militant Islamists and Islamic extremists. Incidents and fatalities ...
groups celebrated the executive order as a victory saying that "the new policy validates their claim that the United States is at war with Islam."
ISIS Isis (; ''Ēse''; ; Meroitic: ''Wos'' 'a''or ''Wusa''; Phoenician: 𐤀𐤎, romanized: ʾs) was a major goddess in ancient Egyptian religion whose worship spread throughout the Greco-Roman world. Isis was first mentioned in the Old Kingd ...
-linked social media postings "compared the executive order to the U.S. invasion of Iraq in 2003, which Islamic militant leaders at the time hailed as a 'blessed invasion' that ignited anti-Western fervor across the Islamic world."


Protests at airports

The protests initially started in the JFK airport in New York and rapidly spread to other cities in the United States. From January 28, thousands of protesters gathered at airports and other locations throughout the United States to protest the signing of the order and detention of the foreign nationals. Members of the United States Congress, including U.S. senator
Elizabeth Warren Elizabeth Ann Warren ( née Herring; born June 22, 1949) is an American politician and former law professor who is the senior United States senator from Massachusetts, serving since 2013. A member of the Democratic Party and regarded as a ...
(D-MA) and U.S. Representative
John Lewis John Robert Lewis (February 21, 1940 – July 17, 2020) was an American politician and civil rights activist who served in the United States House of Representatives for from 1987 until his death in 2020. He participated in the 1960 Nashville ...
(D-GA) joined protests in their own home states. Google co-founder
Sergey Brin Sergey Mikhailovich Brin (russian: link=no, Сергей Михайлович Брин; born August 21, 1973) is an American business magnate, computer scientist, and internet entrepreneur, who co-founded Google with Larry Page. Brin was the ...
(who emigrated to the United States with his family from the Soviet Union at the age of five) and
Y Combinator Y Combinator (YC) is an American technology startup accelerator launched in March 2005. It has been used to launch more than 3,000 companies, including Airbnb, Coinbase, Cruise, DoorDash, Dropbox, Instacart, Quora, PagerDuty, Reddit, Str ...
president
Sam Altman Samuel H. Altman ( ; born April 22, 1985) is an American entrepreneur, investor, programmer, and blogger. He is the CEO of OpenAI and the former president of Y Combinator. Early life and education Altman grew up in St. Louis, Missouri; his mothe ...
joined the protest at San Francisco airport. There have been several online protests, and many people have taken to speaking out over social media. Virginia governor,
Terry McAuliffe Terence Richard McAuliffe (born February 9, 1957) is an American businessman and politician who served as the 72nd governor of Virginia from 2014 to 2018. A member of the Democratic Party, he was co-chairman of President Bill Clinton's 1996 ...
, joined the protest at Dulles International Airport on Saturday.


Social media presence

Following Trump's announcement of the order, the topic began to trend on social media. Hashtags such as #MuslimBan, #TravelBan and #BanTrumpFromUK emerged. Shortly after, protests arose urging for the cancellation of Trump's UK visit, garnering up to 1.5 million signatures. On January 30, Trump tweeted "Only 109 people out of 325,000 were detained and held for questioning. Big problems at airports were caused by Delta computer outage..." He continued on in another tweet, "protesters and the tears of Senator
Chuck Schumer Charles Ellis Schumer ( ; born November 23, 1950) is an American politician serving as Senate Majority Leader since January 20, 2021. A member of the Democratic Party, Schumer is in his fourth Senate term, having held his seat since 1999, and ...
. Secretary
John F. Kelly John Francis Kelly (born May 11, 1950) is an American former political advisor and retired U.S. Marine Corps general who served as White House chief of staff for President Donald Trump from July 31, 2017, to January 2, 2019. He had previousl ...
said that all is going well with very few problems. MAKE AMERICA SAFE AGAIN!" Celebrities, including
Seth Rogen Seth Aaron Rogen (; born April 15, 1982) is a Canadian-American actor, comedian and filmmaker. Originally a stand-up comedian in Vancouver, he moved to Los Angeles for a part in Judd Apatow's series ''Freaks and Geeks'', and then got a part on ...
,
Mindy Kaling Vera Mindy Chokalingam (born June 24, 1979),Additional archive on June 25, 2015. known professionally as Mindy Kaling (), is an American actress, comedian, screenwriter and producer. She first gained recognition starring as Kelly Kapoor in the N ...
,
Jennifer Lawrence Jennifer Shrader Lawrence (born August 15, 1990) is an American actress. The world's highest-paid actress in 2015 and 2016, her films have grossed over $6 billion worldwide to date. She appeared in ''Time''s 100 most influential people i ...
,
Bruce Springsteen Bruce Frederick Joseph Springsteen (born September 23, 1949) is an American singer and songwriter. He has released 21 studio albums, most of which feature his backing band, the E Street Band. Originally from the Jersey Shore, he is an originat ...
,
Yara Shahidi Yara Sayeh Shahidi (born February 10, 2000) is an American actress and model. She gained recognition for her starring role as the oldest daughter Zoey Johnson on the sitcom ''Black-ish'' (2014–2022) and its spin-off series ''Grown-ish'' (2018 ...
and many others expressed their opinions on the order.


#MuslimBan

On June 13, Trump proposed to suspend
immigration Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
from "areas of the world" with a history of terrorism, a change from his previous proposal to suspend Muslim immigration to the U.S. The hashtag became popular on Twitter and opposition to the executive order widely spread among all social media platforms.


#GrandParentsNotTerrorists

Under the new policy, citizens from Libya, Syria, Iran, Somalia, Yemen and Sudan would be banned from entering the U.S. if they couldn't prove that they have a "bona fide relationship" with families in America, which excludes grandparents, aunts, uncles or any other "distant relatives." To express the opposition to the order, the hashtag #GrandParentsNotTerrorists was launched by the
National Iranian American Council The National Iranian American Council (NIAC; fa, شورای ملی ایرانیان آمریکا) is a NGO based in Washington, D.C. The NIAC Action, the sister organization of NIAC, was formed in 2015 to build political power for Iranian American ...
(NIAC). The hashtag allowed residents of the six countries to use Twitter and post photos of their grandparents to protest the policy.


#NoBanNoWall

On January 24, 2017 the hashtag "#NoBanNoWall" first was seen on social media platform Twitter quickly after Donald Trump released news of executive order 13769. The use of social media platforms such as Twitter, Facebook, and Instagram became a catalyst for an opposition movement that resulted in political mobilization and awareness of the issue. The #nobannowall movement has been used in multiple social media platforms such as Twitter, Facebook, Tumblr, Instagram, Flickr and more. On January 25, 2017 protesters gathered at Washington Square Park in New York and chanted: "No ban, no wall". These chants were soon used in Twitter as #nobannowall to protest President Trump's border wall and Muslim ban policies. As the hashtag became popular on Twitter it was used on other social media platforms. There are multiple Facebook groups and pages on #nobannowall along with events that were created for protests at various locations. There are currently 276K posts on Instagram with the hashtag #nobannowall and this shows the use of various social media platforms for this social movement. Conservative supporters of the wall and executive order responded with social media support of hashtags #BuildTheWall and #BanTheMuslims, among others.


#RefugeeCaravan

The refugee caravan was the several thousands of migrants that traveled a long way to the US-Mexico border trying to enter America. About 7,000 migrants have reached the border and are staying in shelters. President Trump has labeled this caravan as "an invasion." It was also reported that many Mexican citizens saw the migrants as an invasion as well, where marches were organized against the undocumented migrants being in the city. #RefugeeCaravan sparked awareness of what these immigrants were going through in their journey to the United States. Although this movement did not directly spark from the executive order, it is a movement that followed the events of the travel ban. The movements that emerged from this executive order and from #RefugeeCaravan were started from the same foundational belief that all people should not have to be restricted into entering the United States. Tweets updated followers of the movement on who which asylum seekers were granted entry into the United States.


Legal challenges

Legal challenges to the order were brought almost immediately after its issuance. From January 28 to 31 almost 50 cases were filed in federal courts. The courts, in turn, granted temporary relief, including a nationwide
temporary restraining order An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
(TRO) that bars the enforcement of major parts of the executive order. The TRO specifically blocks the executive branch from enforcing provisions of the executive order that (1) suspend entry into the U.S. for people from seven countries for 90 days and (2) place limitations on the acceptance of refugees, including "any action that prioritizes the refugee claims of certain religious minorities." The TRO also allows "people from the seven countries who had been authorized to travel, along with vetted refugees from all nations, to enter the country." The Trump administration appealed the TRO. According to the DHS inspector general,
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...
officers then violated the court orders by continuing to prevent some foreign passengers from boarding flights bound for the United States. DHS officials contest the DHS inspector general's finding that the court orders were violated. The plaintiffs challenging the order argue that it contravenes the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, federal
statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
s, or both. The parties challenging the executive order include both private individuals (some of whom were blocked from entering the U.S. or detained following the executive order's issuance) and the states of Washington and Minnesota, represented by their
state attorneys general The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney genera ...
. Other organizations such as the ACLU also challenged the order in court. Additionally, fifteen Democratic state attorneys general released a joint statement calling the executive order "unconstitutional, un-American and unlawful", and that " 'll work together to fight it". In response to the lawsuits, the Department of Homeland Security issued a statement on January 29 that it would continue to enforce the executive order and that "prohibited travel will remain prohibited". On the same day a White House spokesperson said that the rulings did not undercut the executive order. On January 30 Acting Attorney General
Sally Yates Sally Quillian Yates (born Sally Caroline Quillian; August 20, 1960) is an American lawyer. From 2010 to 2015, she was United States Attorney for the Northern District of Georgia. In 2015, she was appointed United States Deputy Attorney General b ...
, an Obama administration holdover pending the confirmation of Trump's nominee barred the Justice Department from defending the executive order in court; She said she felt the order's effects were not in keeping "with this institution's solemn obligation to always seek justice and stand for what is right". After Yates spoke against Trump's refugee ban Trump quickly relieved her of her duties calling her statement a "betrayal" to the Department of Justice. He replaced her with
Dana J. Boente Dana James Boente ( Bent-Ë) (born February 7, 1954) is an American attorney who served as General Counsel of the FBI from January 2018 to 2020, United States Attorney for the Eastern District of Virginia from September 2013 to January 2018, an ...
, the
United States attorney United States attorneys are officials of the U.S. Department of Justice who serve as the chief federal law enforcement officers in each of the 94 U.S. federal judicial districts. Each U.S. attorney serves as the United States' chief federal c ...
for the Eastern District of Virginia. This leadership alteration was referred to, by some, as "the Monday Night Massacre". The state of Washington filed a legal challenge, '' State of Washington v. Trump'', against the executive order; Minnesota later joined the case. On February 3 District judge
James Robart James Louis Robart (born September 2, 1947) is a senior United States district judge of the United States District Court for the Western District of Washington. Early life and education Robart was born in Seattle, Washington, in 1947. Robart's ...
of the United States District Court for the Western District of Washington presiding in ''Washington v. Trump'' issued a ruling temporarily blocking major portions of the executive order; he said that the plaintiffs had "demonstrate immediate and irreparable injury", and were likely to succeed in their challenge to the federal defendants. Robart explicitly wrote his judgment to apply nationwide. In response to Robart's ruling the Department of Homeland Security said on February 4 that it had stopped enforcing the executive order, while the State Department reinstated visas that had been previously suspended. That same day the Justice Department asked for an emergency stay to reverse Judge Robart's ruling temporarily blocking the executive order nationwide. The
United States Court of Appeals for the Ninth Circuit The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District ...
denied Trump's immediate petition to stay the temporary restraining order from the Federal District Court in Washington State. On February 9, two days after hearing argument, a
panel Panel may refer to: Arts and media Visual arts * Panel (comics), a single image in a comic book, comic strip or cartoon; also, a comic strip containing one such image *Panel painting, in art, either one element of a multi-element piece of art ...
of the United States Court of Appeals for the Ninth Circuit unanimously denied the request for a stay of Judge Robart's temporary restraining order. On February 16, the Trump administration stated in a court filing before the Ninth Circuit that they expected to replace the executive order with a new one the following week; the court responded by staying the ''en-banc'' review of its previous ruling. Judge Alex Kozinski of the 9th Circuit Court of Appeals filed a late dissent on March 17, 2017 to the 9th Cir. opinion in ''Washington v. Trump'' arguing against the State of Washington's Establishment Clause claims on grounds that Trump's speech during the campaign was political protected by the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and rec ...
. (Even though the 9th Circuit had declined to address that issue in reaching its ruling on ''Washington v. Trump'' and U.S. courts do not typically rule on issues that are not before them, Kozinski argued it was ok for him to address the issue because the district judge in Hawaii had cited the 9th Circuit opinion in reaching its Establishment Clause ruling.) On February 13 Judge
Leonie Brinkema Leonie Helen Milhomme Brinkema (born June 26, 1944) is a United States district judge of the United States District Court for the Eastern District of Virginia. Early life and education She was born as Leonie Milhomme in Teaneck, New Jersey. She ...
of the Eastern District of Virginia ordered a
preliminary injunction An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
against the federal defendants in ''Aziz v. Trump'' because the executive order was likely discriminatory against Muslims. Her ruling was the first among cases challenging the executive order to find that plaintiffs were likely to succeed on grounds that the executive order violated the
Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
of the U.S. Constitution. On August 13 the plaintiffs, State of Hawaii and the Muslim Association of Hawaii, dropped the lawsuit, effectively ending the litigation.


Revocation and replacement

In February 2017, ''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' reported Trump "suggest ngthat the White House is trying to redraft the order to strengthen it against legal challenges."Josh Gerstein
Trump team plans a new executive order
''
Politico ''Politico'' (stylized in all caps), known originally as ''The Politico'', is an American, German-owned political journalism newspaper company based in Arlington County, Virginia, that covers politics and policy in the United States and intern ...
'' (February 10, 2017).
The federal government also said in court filings that a new executive order is planned to be issued to address constitutional concerns about EO 13769. A White House official later quoted by CNN suggested the new order was being delayed, in part by the administration's expectations about the executive order's perception relative to other events in the news cycle. (Trump initially claimed the replacement order would be issued the week of February 19. On February 22 the Trump administration said the replacement order would be delayed until the following week. That week, the White House expected the order to be issued Wednesday, March 1.) According to the White House, the order has been "finalized" since at least February 22, although at that time agencies were still working out how to implement it. According to an administration officials, a redraft version of the executive order will focus on the same seven countries minus Iraq, but exempt lawful permanent residents and those who already hold visas, whether or not they have entered the United States.Ariane de Vogue & Tal Kopan
New Trump travel ban order nearing completion
CNN (February 21, 2017).
The new executive order would reportedly also drop the indefinite suspension of Syrian refugee immigration and reduce it to the 120-day suspension specified for other countries in the order. A redrafted executive order was issued March 6, 2017. The redraft drops Iraq from some of the provisions regarding the seven countries specified by executive order 13769. Tillerson, McMaster, and Mattis had advocated for the exclusion of Iraq. The redraft executive order removes the exemption for religious minorities in the banned countries that was present in the first order. The redrafted order does not apply to green-card holders or anyone with a valid visa who is inside the U.S. The redrafted order includes case-by-case waiver process that was not available to refugees from the countries affected by the first order. On March 15, 2017, United States district judge
Derrick Watson Derrick Kahala Watson (born September 9, 1966) is an American lawyer who serves as the United States federal judge, Chief United States district judge of the United States District Court for the District of Hawaii. A native of Hawaii, he graduat ...
of the
United States District Court for the District of Hawaii The United States District Court for the District of Hawaii (in case citations, D. Haw.) is the principal trial court of the United States federal courts, United States Federal Court System in the U.S. state, state of Hawaii. The court's terri ...
issued a
temporary restraining order An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in par ...
preventing Executive Order 13780 from going into effect, on the grounds that the State of
Hawaii Hawaii ( ; haw, Hawaii or ) is a state in the Western United States, located in the Pacific Ocean about from the U.S. mainland. It is the only U.S. state outside North America, the only state that is an archipelago, and the only stat ...
showed a strong likelihood of success on their
Establishment Clause In United States law, the Establishment Clause of the First Amendment to the United States Constitution, together with that Amendment's Free Exercise Clause, form the constitutional right of freedom of religion. The relevant constitutional text ...
claim in asserting that Executive Order 13780 was in fact a "Muslim ban". Judge Watson stated in his ruling, "When considered alongside the constitutional injuries and harms discussed above, and the questionable evidence supporting the Government's national security motivations, the balance of equities and public interests justify granting the Plaintiffs. Nationwide relief is appropriate in light of the likelihood of success on the Establishment Clause claim." The ruling was denounced by President Donald Trump as being "an unprecedented judicial overreach", and stated that the ruling would be appealed, and that "This ruling makes us look weak." In a
per curiam decision In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not ...
, on June 26, 2017, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
reinstated key provisions of the order. The court also granted
certiorari In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of ...
and set oral arguments for the fall term.


See also


Notes


References


External links


Full text of the executive order
via the ''
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every weekday, except on feder ...
''
Fact Sheet
by the
United States Department of Homeland Security The United States Department of Homeland Security (DHS) is the Federal government of the United States, U.S. United States federal executive departments, federal executive department responsible for public security, roughly comparable to the I ...

Questions and Answers about the Executive Order
U.S. Customs and Border Protection United States Customs and Border Protection (CBP) is the largest federal law enforcement agency of the United States Department of Homeland Security. It is the country's primary border control organization, charged with regulating and facilit ...

Office of Legal Counsel memorandum on the order's legality
obtained due to a FOIA request via ''The New York Times''
Full Text of the Immigration and Nationality Act (Updated through February 2013)
via
U.S. Citizenship and Immigration Services U.S. Citizenship and Immigration Services (USCIS) is an agency of the United States Department of Homeland Security (DHS) that administers the country's naturalization and immigration system. It is a successor to the Immigration and Naturalizati ...

OIG-18-37 Final report on DHS Implementation of Executive Order #13769 (January 18, 2018)
from the
Department of Homeland Security Office of Inspector General The Department of Homeland Security Office of Inspector General was established along with the Department of Homeland Security itself in 2002 by the Homeland Security Act. Its website describes its mission as "supervis ngindependent audits, inve ...
* Court Challenges: :
Relevant court filings and orders
:
Site Created for the Appeal of ''State of Washington et al. v. Trump''
in the
9th Circuit Court of Appeals The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts: * District o ...
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