Executive Order 13769
{{short description|United States Executive Order limiting refugees from Muslim-majority countries}}
{{Use American English|date=March 2018}}
{{Use mdy dates|date=March 2023}}
{{Infobox U.S. Presidential Document
| executiveorder = 13769
| longtitle = Protecting the Nation from Foreign Terrorist Entry into the United States
| name = Executive Order 13769
| othershorttitles =
| shorttitle =
| depiction = Trump signing order January 27.jpg
| depictionalt = Donald Trump signing the order in front of a large replica of a USAF Medal of Honor, with Mike Pence and James Mattis
| depictioncaption = U.S. President Donald Trump signing the order at the Pentagon, with Vice President Mike Pence (left) and Secretary of Defense Jim Mattis
| documentimage = Executive Order 13769.pdf
| documentcaption = Executive Order 13769 in the Federal Register
| signeddate = {{start date|2017|1|27}}
| signedpresident = Donald Trump
| documentnumber = 2017-02281
| summary = {{bulleted list|Suspends the U.S. Refugee Admissions Program for 120 days
| type = Executive order
}}
Executive Order 13769, titled Protecting the Nation from Foreign Terrorist Entry into the United States, labeled the "Muslim ban" by Donald Trump and his supporters{{cite news |title=Trump asked for a 'Muslim ban,' Giuliani says — and ordered a commission to do it 'legally' |url=https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/ |access-date=29 July 2023 |newspaper=The Washington Post |archive-date=January 29, 2017 |archive-url=https://web.archive.org/web/20170129233559/https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/ |url-status=live }}{{cite news |title=Federal judges have refused to reinstate the US travel ban, asserting their authority over Trump |url=https://qz.com/907254/federal-judges-have-refused-to-reinstate-the-us-travel-ban-asserting-their-authority-over-trump |access-date=29 July 2023 |work=QZ}} and critics alike,{{Cite web|last=Livingston|first=Abby|date=February 7, 2017|title=At homeland security hearing, McCaul calls Trump's travel ban rollout "problematic"|url=https://www.texastribune.org/2017/02/07/michael-mccaul-calls-trumps-travel-ban-rollout-problematic/|access-date=November 15, 2021|website=The Texas Tribune|language=en|archive-date=April 8, 2022|archive-url=https://web.archive.org/web/20220408160559/https://www.texastribune.org/2017/02/07/michael-mccaul-calls-trumps-travel-ban-rollout-problematic/|url-status=live}}{{Cite news|last1=Dennis|first1=Brady|last2=Markon|first2=Jerry|date=January 29, 2017|title=Amid protests and confusion, Trump defends executive order: 'This is not a Muslim ban'|language=en-US|newspaper=Washington Post|url=https://www.washingtonpost.com/national/health-science/trump-gives-no-sign-of-backing-down-from-travel-ban/2017/01/29/4ffe900a-e620-11e6-b82f-687d6e6a3e7c_story.html|access-date=November 15, 2021|issn=0190-8286|archive-date=March 10, 2021|archive-url=https://web.archive.org/web/20210310012650/https://www.washingtonpost.com/national/health-science/trump-gives-no-sign-of-backing-down-from-travel-ban/2017/01/29/4ffe900a-e620-11e6-b82f-687d6e6a3e7c_story.html|url-status=live}} and commonly known as such,{{cite news |title=Trump's travel ban really was a Muslim ban, data suggests |url=https://www.washingtonpost.com/politics/2019/09/26/trumps-muslim-ban-really-was-muslim-ban-thats-what-data-suggest/ |access-date=29 July 2023 |newspaper=The Washington Post |archive-date=October 14, 2019 |archive-url=https://web.archive.org/web/20191014034900/https://www.washingtonpost.com/politics/2019/09/26/trumps-muslim-ban-really-was-muslim-ban-thats-what-data-suggest/ |url-status=live }} or commonly referred to as the Muslim travel ban, Trump travel ban, the Trump Muslim travel ban, or the Trump Muslim Immigration Ban, was an executive order by President Trump. 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, a second order sharing the title "Protecting the Nation from Foreign Terrorist Entry into the United States".
Part of a series of executive actions, 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 for 90 days, and included exceptions on a case-by-case basis. The Department of Homeland Security (DHS) listed these countries as Iran, Libya, Somalia, Sudan, Syria, and Yemen. Iraq was also included until it was dropped following sharp criticism from the Iraqi government and promises of improved vetting of Iraqi citizens in collaboration with 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. {{Federal Register|82|8977}}–8982. February 1, 2017.{{cite web |title=US President Donald Trump signs new travel ban, exempts Iraq |date=March 6, 2017 |url=https://www.cnn.com/2017/03/06/politics/trump-travel-ban-iraq/index.html |publisher=CNN |access-date=9 March 2023 |archive-date=March 9, 2023 |archive-url=https://web.archive.org/web/20230309231314/https://www.cnn.com/2017/03/06/politics/trump-travel-ban-iraq/index.html |url-status=live }} More than 700 travelers were detained, and up to 60,000 visas were "provisionally revoked".{{cite news|date=February 3, 2017|title=Federal Judge Stays Trump Travel Order, But Many Visas Already Revoked|work=NPR|url=https://www.npr.org/sections/thetwo-way/2017/02/03/513306413/state-department-says-fewer-than-60-000-visas-revoked-under-travel-order|quote=The State Department said today "roughly 60,000 individuals' visas were provisionally revoked" as a result of Mr. Trump's Jan. 27 Executive Order barring refugees from seven countries.}}
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 the United States,{{cite magazine |last1=Beckwith |first1=Ryan |title=Read Trump's Speech on the Orlando Shooting |url=https://time.com/4367120/orlando-shooting-donald-trump-transcript/ |access-date=May 18, 2021 |magazine=Time |date=June 13, 2016 |archive-date=February 23, 2021 |archive-url=https://web.archive.org/web/20210223110745/https://time.com/4367120/orlando-shooting-donald-trump-transcript/ |url-status=live }} and because all of the affected countries had a Muslim majority, although the affected Muslims were only 12% of the global Muslim population.[https://www.bbc.com/news/world-us-canada-41382585 US expands travel ban to include N Korea] {{Webarchive|url=https://web.archive.org/web/20210215013101/https://www.bbc.com/news/world-us-canada-41382585 |date=February 15, 2021 }}, BBC "Mr Trump's original ban was highly controversial, as it affected six majority-Muslim countries, and was widely labelled a 'Muslim ban'."{{Cite web|last1=Gore|first1=D'Angelo|last2=Robertson|first2=Lori|date=June 28, 2018|title=Trump's 'Travel Ban' Doesn't Affect All Muslims|url=https://www.factcheck.org/2018/06/trumps-travel-ban-doesnt-affect-all-muslims/|access-date=August 29, 2021|website=FactCheck.org|language=en-US|archive-date=August 29, 2021|archive-url=https://web.archive.org/web/20210829010556/https://www.factcheck.org/2018/06/trumps-travel-ban-doesnt-affect-all-muslims/|url-status=live}} Critics proposed that this was due to Trump having business ties with Muslim majority countries which were excluded.{{Cite news |date=June 26, 2018 |title=Look Who's Not in Trump's Travel Ban |language=en |work=Bloomberg.com |url=https://www.bloomberg.com/opinion/articles/2018-06-26/trump-travel-ban-doesn-t-cover-saudi-arabia-or-the-u-a-e |access-date=May 14, 2022 |archive-date=May 14, 2022 |archive-url=https://web.archive.org/web/20220514042257/https://www.bloomberg.com/opinion/articles/2018-06-26/trump-travel-ban-doesn-t-cover-saudi-arabia-or-the-u-a-e |url-status=live }}{{Cite web |last=Warfield |first=Holly |title=Mapping President Trump's Travel Ban Vs. His Business Interests In Muslim Countries |url=https://www.forbes.com/sites/datadesign/2017/02/01/mapping-president-trumps-travel-ban-vs-his-business-interests-in-muslim-countries/ |access-date=2023-04-06 |website=Forbes |language=en |archive-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406212606/https://www.forbes.com/sites/datadesign/2017/02/01/mapping-president-trumps-travel-ban-vs-his-business-interests-in-muslim-countries/ |url-status=live }} A nationwide temporary restraining order (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 on February 9, 2017. Consequently, the Department of Homeland Security stopped enforcing portions of the order and the State Department re-validated visas that had been previously revoked. Later, other orders (Executive Order 13780 and Presidential Proclamation 9645) 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.{{cite news |title=Trump's Travel Ban Is Upheld by Supreme Court |url=https://www.nytimes.com/2018/06/26/us/politics/supreme-court-trump-travel-ban.html |first1=Adam |last1=Liptak |first2=Michael D. |last2=Shear |date=June 26, 2018 |work=The New York Times |access-date=June 26, 2018 |archive-date=June 26, 2018 |archive-url=https://web.archive.org/web/20180626151640/https://www.nytimes.com/2018/06/26/us/politics/supreme-court-trump-travel-ban.html |url-status=live }}
On January 20, 2021, President Joe Biden, shortly after he was inaugurated, revoked Executive Order 13780 and related proclamations with Presidential Proclamation 10141.{{Cite news | url = https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2021/01/20/proclamation-ending-discriminatory-bans-on-entry-to-the-united-states/ | title = Proclamation on Ending Discriminatory Bans on Entry to The United States | work = White House | date = January 20, 2021 | access-date = January 27, 2021 | archive-date = February 12, 2021 | archive-url = https://web.archive.org/web/20210212040059/https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/proclamation-ending-discriminatory-bans-on-entry-to-the-united-states/ | url-status = live }}
On his first day returning to office in 2025, Trump signed Executive Order 14161, titled "Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats” which was described by critics as reviving a version of the travel ban implemented by Executive Order 13780, though it was described as more expansive compared to Executive Order 13780.{{Cite web |last=Narea |first=Nicole |date=2025-01-30 |title=How Trump is laying the groundwork for another travel ban |url=https://www.vox.com/politics/397383/trump-travel-ban-immigration-executive-order |access-date=2025-02-17 |website=Vox |language=en-US}}
Background
=Restrictions by the Obama administration=
In 1986, the Visa Waiver Program 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.{{cite web|title=Visa Waiver Program Improvement and Terrorist Travel Prevention Act Frequently Asked Questions|url=https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq|website=U.S. Customs and Border Protection|publisher=United States Department of Homeland Security|access-date=April 11, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013106/https://www.cbp.gov/travel/international-visitors/visa-waiver-program/visa-waiver-program-improvement-and-terrorist-travel-prevention-act-faq|url-status=live}} In 2015, Congress passed a Consolidated Appropriations Act 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.{{cite web|url=https://www.congress.gov/bill/114th-congress/house-bill/158/text|title=H.R.158 – Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015|date=2015|publisher=Congress.gov|access-date=January 31, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013053/https://www.congress.gov/bill/114th-congress/house-bill/158/text|url-status=live}} The Visa Waiver Program Improvement and Terrorist Travel Prevention Act originally affected four countries: Iraq, Syria, and countries on the State Sponsors of Terrorism 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.{{Cite news | last=Boyle | first=Danny | date=January 20, 2016 | title=BBC journalist stopped from boarding plane to America over Iranian dual-nationality - Telegraph | url=https://www.telegraph.co.uk/news/bbc/12109545/BBC-journalist-stopped-from-boarding-plane-to-America-over-Iranian-dual-nationality.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/bbc/12109545/BBC-journalist-stopped-from-boarding-plane-to-America-over-Iranian-dual-nationality.html |archive-date=January 12, 2022 |url-access=subscription |url-status=live | newspaper=The Daily Telegraph | access-date=March 22, 2017 | quote=But the new restrictions mean anybody who has travelled to Iran, Iraq, Syria and Sudan since 2011 will have to apply for a visa.}}{{cbignore}} Libya, Yemen, and Somalia were added later as "countries of concern" by Secretary of Homeland Security Jeh Johnson during the Obama administration.{{cite web|url=http://www.politifact.com/truth-o-meter/statements/2017/jan/30/donald-trump/why-comparing-trumps-and-obamas-immigration-restri/|title=Why comparing Trump's and Obama's immigration restrictions is flawed|last=Qiu|first=Linda|date=January 30, 2017|website=PolitiFact.com|publisher=Tampa Bay Times|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131001301/http://www.politifact.com/truth-o-meter/statements/2017/jan/30/donald-trump/why-comparing-trumps-and-obamas-immigration-restri/|url-status=live}}{{cite web|url=http://www.snopes.com/trump-immigration-order-obama/|title=Wherever Visa Is Accepted|last=LaCapria|first=Kim|date=January 30, 2017|website=Snopes.com |access-date=January 31, 2017}}{{cite news | last1 = Blaine | first1 = Kyle | last2 = Horowitz | first2 = Julia | url = http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries/index.html | title = How the Trump administration chose the 7 countries in the immigration executive order | publisher = CNN | date = January 30, 2017 | access-date = February 2, 2017 | archive-date = February 8, 2017 | archive-url = https://web.archive.org/web/20170208090853/http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries/index.html | url-status = live }}{{cite news|url=https://www.bbc.com/news/world-us-canada-38798588|title=US travel ban: Why these seven countries?|date=January 30, 2017|work=BBC News|last1=Goodman|first1=Jack|access-date=February 2, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013106/https://www.bbc.com/news/world-us-canada-38798588|url-status=live}}{{cite news|last=Shelbourne|first=Mallory|title=Spicer: Obama administration originally flagged 7 countries in Trump's order|url=https://thehill.com/homenews/administration/316733-spicer-obama-administration-originally-flagged-7-countries/ |newspaper=The Hill |date=January 29, 2017 |access-date=February 11, 2017}}{{cite press release|publisher=Department of Homeland Security|url=https://www.dhs.gov/news/2016/02/18/dhs-announces-further-travel-restrictions-visa-waiver-program|date=February 18, 2016|title=DHS Announces Further Travel Restrictions for the Visa Waiver Program|access-date=February 11, 2017|archive-date=September 22, 2022|archive-url=https://web.archive.org/web/20220922040235/https://www.dhs.gov/news/2016/02/18/dhs-announces-further-travel-restrictions-visa-waiver-program|url-status=live}} The executive order refers to these countries as "countries designated pursuant to Division O, Title II, Section 203 of the 2016 consolidated Appropriations Act".{{cite web|author-last=Qiu|author-first=Linda|editor-last=Sharockman|editor-first=Aaron|title=Why comparing Trump's and Obama's immigration restrictions is flawed|url=http://www.politifact.com/truth-o-meter/statements/2017/jan/30/donald-trump/why-comparing-trumps-and-obamas-immigration-restri|website=PolitiFact.com|date=January 30, 2017|access-date=February 7, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013118/https://www.politifact.com/factchecks/2017/jan/30/donald-trump/why-comparing-trumps-and-obamas-immigration-restri/|url-status=live}} Prior to this, in 2011, additional background checks were imposed on the nationals of Iraq.{{cite news |last1=Arango |first1=Tim |author-link=Tim Arango |title=Visa Delays Put Iraqis Who Aided U.S. in Fear |url=https://www.nytimes.com/2011/07/13/world/middleeast/13baghdad.html |newspaper=The New York Times |date=July 12, 2011 |access-date=February 7, 2017 |archive-date=February 15, 2021 |archive-url=https://web.archive.org/web/20210215013109/https://www.nytimes.com/2011/07/13/world/middleeast/13baghdad.html |url-status=live }}
Trump's press secretary Sean Spicer 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, The New York Times, and The Washington Post 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.{{cite news|last1=Park|first1=Haeyoun|last2=Yourish|first2=Karen|last3=Gardiner|first3=Harris|title=In One Facebook Post, Three Misleading Statements by President Trump About His Immigration Order|url=https://www.nytimes.com/interactive/2017/02/06/us/politics/why-trump-chose-the-seven-countries.html|newspaper=The New York Times|date=February 6, 2017|access-date=February 8, 2017|archive-date=February 7, 2017|archive-url=https://web.archive.org/web/20170207125451/https://www.nytimes.com/interactive/2017/02/06/us/politics/why-trump-chose-the-seven-countries.html|url-status=live}}{{cite news|last1=Kessler|first1=Glenn |author-link=Glenn Kessler (journalist) |title=Trump's claim that Obama first 'identified' the 7 countries in his travel ban|url=https://www.washingtonpost.com/news/fact-checker/wp/2017/02/07/trumps-claim-that-obama-first-identified-the-seven-countries-in-his-travel-ban |newspaper=The Washington Post |date=February 7, 2017 |access-date=February 12, 2017}}
=Trump campaign and administration statements before the order's signing=
{{further |Donald Trump presidential campaign, 2016#Temporary Muslim ban proposal|Immigration policy of the first Donald Trump administration#Proposed Muslim immigration ban}}
Donald Trump became the U.S. president on January 20, 2017. He has long claimed that terrorists are using the U.S. refugee resettlement program to enter the country.{{cite news |last1=Greenwood |first1=Max |title=ACLU sues White House over immigration ban |url=https://thehill.com/policy/national-security/316676-legal-groups-file-lawsuit-against-trump-administration-amid-refugee/ |newspaper=The Hill |date=January 28, 2017 |access-date=January 29, 2017 |archive-date=January 29, 2017 |archive-url=https://web.archive.org/web/20170129001146/http://thehill.com/policy/national-security/316676-legal-groups-file-lawsuit-against-trump-administration-amid-refugee |url-status=live }} As a candidate Trump's "Contract with the American Voter" pledged to suspend immigration from "terror-prone regions".{{cite web|url=https://assets.donaldjtrump.com/_landings/contract/O-TRU-102316-Contractv02.pdf|title=Donald Trump's Contract with the American Voter|author-last=Trump|author-first=Donald|author-link=Donald Trump|date=October 23, 2016|website=DonaldJTrump.com|access-date=January 30, 2017|quote=my administration will immediately pursue the following ... actions to restore security ... suspend immigration from terror-prone regions where vetting cannot safely occur.|archive-date=March 7, 2018|archive-url=https://web.archive.org/web/20180307133648/https://assets.donaldjtrump.com/_landings/contract/O-TRU-102316-Contractv02.pdf|url-status=dead}}{{cite news|url=https://www.pbs.org/newshour/rundown/president-elect-donald-trumps-plan-first-100-days|title=Read President-elect Donald Trump's plan for his first 100 days|publisher=PBS|first=Daniel|last=Bush|date=November 10, 2016|access-date=February 4, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013108/https://www.pbs.org/newshour/politics/president-elect-donald-trumps-plan-first-100-days|url-status=live}} Trump-administration officials then described the executive order as fulfilling this campaign promise.{{cite news|author-last=Boyer|author-first=Dave|date=January 25, 2017|title=Trump executive order to stem refugees from 'terror-prone' regions|url=http://www.washingtontimes.com/news/2017/jan/25/trump-order-stem-refugees-terror-prone-regions|newspaper=The Washington Times|location=Washington, D.C.|access-date=January 30, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129135859/http://www.washingtontimes.com/news/2017/jan/25/trump-order-stem-refugees-terror-prone-regions/|url-status=live}} Speaking of Trump's agenda as implemented through executive orders and the judicial appointment process, White House chief strategist Steve Bannon stated: "If you want to see the Trump agenda it's very simple. It was all in the [campaign] speeches. He's laid out an agenda with those speeches, with the promises he made, and [my and Reince Priebus'] job every day is to just to execute on that. He's maniacally focused on that."{{cite news|url=https://www.nytimes.com/2017/02/24/us/politics/trump-conservative-political-action-conference-speech.html|date=February 24, 2017|newspaper=The New York Times|title=Trump at CPAC: Right's Unlikely Hero Renews Attack on Press|first=Glenn|last=Thrush|author-link=Glenn Thrush|access-date=February 24, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013116/https://www.nytimes.com/2017/02/24/us/politics/trump-conservative-political-action-conference-speech.html|url-status=live}}{{cite magazine|url=https://time.com/4681094/reince-priebus-steve-bannon-cpac-interview-transcript/|title=Steve Bannon and Reince Priebus' Joint Interview at CPAC|magazine=Time|date=February 23, 2017|access-date=February 24, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013105/https://time.com/4681094/reince-priebus-steve-bannon-cpac-interview-transcript/|url-status=live}}
During his initial election campaign Trump had proposed a temporary, conditional, and "total and complete" ban on Muslims entering the United States.{{cite news|url=https://www.washingtonpost.com/news/the-fix/wp/2017/01/28/mike-pence-once-called-trumps-muslim-ban-unconstitutional-he-just-applauded-the-order|title=Pence once called Trump's Muslim ban 'unconstitutional'. He now applauds a ban on refugees.|newspaper=The Washington Post|access-date=January 28, 2017|archive-date=February 15, 2021|archive-url=https://web.archive.org/web/20210215013137/https://www.washingtonpost.com/news/the-fix/wp/2017/01/28/mike-pence-once-called-trumps-muslim-ban-unconstitutional-he-just-applauded-the-order/|url-status=live}}{{cite news|url=https://www.reuters.com/article/us-usa-trump-immigration-exclusive-idUSKBN1582XQ|title=Trump expected to order temporary ban on refugees|date=January 25, 2017|work=Reuters|access-date=January 28, 2017|archive-date=March 4, 2021|archive-url=https://web.archive.org/web/20210304210044/https://www.reuters.com/article/us-usa-trump-immigration-exclusive-idUSKBN1582XQ|url-status=live}}Video and press release:
- {{cite news |author=Donald J. Trump |date=December 7, 2015 |title=Presidential Candidate Donald Trump Rally |medium=Online Video |url=https://www.c-span.org/video/?401762-1/presidential-candidate-donald-trump-rally-mount-pleasant-south-carolina&start=1830 |location=Mount Pleasant, South Carolina |publisher=C-SPAN |access-date=February 1, 2017 |quote=[I am] calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on.}}
- {{Cite news |url= https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration|archive-url=https://web.archive.org/web/20170508054010/https://www.donaldjtrump.com/press-releases/donald-j.-trump-statement-on-preventing-muslim-immigration|archive-date=May 8, 2017 |date= December 7, 2015 |first=Donald J. |last= Trump |author-link=Donald Trump |title= Donald J. Trump Statement on Preventing Muslim Immigration |publisher= Donald J. Trump for President, Inc. }} His proposal was met by opposition by U.S. politicians including Mike Pence and James Mattis.{{cite news|url=http://www.politico.com/story/2016/12/james-mattis-trump-defense-secretary-232077|title=Trump picks General 'Mad Dog' Mattis as defense secretary|last1=Bender|first1=Bryan|last2=Andrew|first2=Hanna|newspaper=Politico|date=December 1, 2016|access-date=January 31, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201085824/http://www.politico.com/story/2016/12/james-mattis-trump-defense-secretary-232077|url-status=live}}
File:Number of visas by country 2016, highlighting 7 excluded countries.png
On June 12, in reference to the Orlando nightclub shooting that occurred on the same date, Trump used Twitter to renew his call for a Muslim immigration ban.{{cite web|website=Business Insider|date=June 12, 2016|url=http://www.businessinsider.com/trump-muslim-ban-orlando-attack-2016-6|title=Trump renews call for Muslim ban in wake of Orlando attack, challenges Clinton to say 'radical Islamic terrorism'|access-date=February 4, 2017|archive-date=August 5, 2020|archive-url=https://web.archive.org/web/20200805233248/https://www.businessinsider.com/trump-muslim-ban-orlando-attack-2016-6|url-status=live}}{{cite tweet|user=@realDonaldTrump|number=742096033207844864|date=June 12, 2016|title=What has happened in Orlando is just the beginning. Our leadership is weak and ineffective. I called it and asked for the ban. Must be tough}} 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, an advisor to Trump campaign on immigration,{{cite web|access-date=February 4, 2017|archive-url=https://web.archive.org/web/20160204085359/http://www.donaldjtrump.com/media/donald-trump-releases-immigration-reform-plan-designed-to-get-americans-bac|url=https://www.donaldjtrump.com/media/donald-trump-releases-immigration-reform-plan-designed-to-get-americans-bac|title=Donald Trump Releases Immigration Reform Plan Designed to Get Americans Back to Work|date=August 16, 2015|website=DonaldJTrump.com|agency=Breitbart|archive-date=February 4, 2016|quote=The ["detailed policy position"/"immigration reform plan"], which was clearly influenced by Sen. Jeff Sessions who Trump consulted to help with immigration policy ...}} said the proposal was a statement of purpose to be supplied with details in subsequent months.{{cite news|url=https://www.nytimes.com/2016/06/19/us/politics/donald-trump-immigration.html|title=Many What-Ifs in Donald Trump's Plan for Migrants|author-first=Julia|author-last=Preston|date=June 18, 2016|newspaper=The New York Times|access-date=October 21, 2017|archive-date=June 18, 2016|archive-url=https://web.archive.org/web/20160618183826/http://www.nytimes.com/2016/06/19/us/politics/donald-trump-immigration.html|url-status=live}}
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[ing] immigration from countries where terrorist influence and impact represents a threat to the United States".{{cite interview|url=http://www.foxnews.com/transcript/2016/07/15/mike-pence-explains-why-is-running-with-donald-trump/|first=Mike|last=Pence|author-link=Mike Pence|publisher=Fox News|date=July 15, 2016|title=Mike Pence explains why he is running with Donald Trump|interviewer=Sean Hannity|access-date=February 25, 2017|archive-date=February 26, 2017|archive-url=https://web.archive.org/web/20170226050631/http://www.foxnews.com/transcript/2016/07/15/mike-pence-explains-why-is-running-with-donald-trump/|url-status=dead}}{{cite news|url=https://abcnews.go.com/Blotter/al-qaeda-kentucky-us-dozens-terrorists-country-refugees/story?id=20931131|work=ABC News|date=November 20, 2013|title=US May Have Let 'Dozens' of Terrorists Into Country As Refugees|first1=James Gordon|last1=Meek|first2=Cindy|last2=Galli|first3=Brian|last3=Ross|author3-link=Brian Ross (journalist)|access-date=June 28, 2020|archive-date=February 10, 2021|archive-url=https://web.archive.org/web/20210210191442/https://abcnews.go.com/Blotter/al-qaeda-kentucky-us-dozens-terrorists-country-refugees/story?id=20931131|url-status=live}}
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?"{{cite interview|url=http://www.cbsnews.com/news/60-minutes-trump-pence-republican-ticket/|title=The Republican Ticket: Trump and Pence|date=July 17, 2016|interviewer=Lesley Stahl|first=Donald|last=Trump|author-link=Donald Trump|last2=Pence|first2=Mike|author2-link=Mike Pence|quote=Lesley Stahl: —so you're changing—Donald Trump: —so we're going to—Lesley Stahl: —your position. Donald Trump: —no, I—call it whatever you want. We'll call it territories, OK? Lesley Stahl: So not Muslims? Donald Trump: You know—the Constitution—there's nothing like it. But it doesn't necessarily give us the right to commit suicide, as a country, OK? [..] Call it whatever you want, change territories, but there are territories and terror states and terror nations that we're not gonna allow the people to come into our country. And we're gonna have a thing called "Extreme vetting.|access-date=February 19, 2017|archive-date=January 27, 2021|archive-url=https://web.archive.org/web/20210127060708/https://www.cbsnews.com/news/60-minutes-trump-pence-republican-ticket/|url-status=live}} Trump's response would later be interpreted by Judge Brinkema of the U.S. District Court for the Eastern District of Virginia as acknowledging "the conceptual link between a Muslim ban and the [executive order]" in her ruling finding the executive order likely violates the Establishment Clause of the U.S. Constitution.{{cite news|url=https://www.nytimes.com/aponline/2017/02/13/us/ap-us-travel-ban-virginia.html|title=Judge Grants Injunction Against Trump Travel Ban in Virginia |work=The New York Times|agency=Associated Press|date=February 13, 2017|location=McLean, Va.|author=Staff}}{{dead link|date=May 2017}}{{cite court|litigants=Aziz v. Trump|reporter=Unpublished opinion. Document no. 111 on the docket.|pinpoint=Pages 8 and 19}}
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.{{cite news|url=https://www.mprnews.org/story/2016/08/05/trump-takes-aim-at-somalis|title=In speech, Trump targets Somalis in Minnesota, Maine|first=Peter|last=Cox|date=August 5, 2016|publisher=Minnesota Public Radio News|access-date=February 25, 2017|archive-date=December 3, 2020|archive-url=https://web.archive.org/web/20201203230300/https://www.mprnews.org/story/2016/08/05/trump-takes-aim-at-somalis|url-status=live}}{{cite speech|time=14:41|url=https://www.youtube.com/watch?v=MLWZCX8nBG8| archive-url=https://ghostarchive.org/varchive/youtube/20211117/MLWZCX8nBG8| archive-date=November 17, 2021 | url-status=live|title=Donald Trump speech in Portland Maine|first=Donald|last=Trump|date=August 4, 2016}}{{cbignore}} 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 2009 Fort Hood shooting; the Boston Marathon bombing; the shootings in Chattanooga, Tennessee; and the Orlando nightclub shooting{{cite speech|url=http://www.politico.com/story/2016/08/donald-trump-terrorism-speech-227025|first=Trump|last=Donald|author-link=Donald Trump|date=August 15, 2016|title=Full Text of Donald Trump's Speech on Fighting Terrorism|location=Youngstown, Ohio|access-date=February 22, 2017|archive-date=February 5, 2021|archive-url=https://web.archive.org/web/20210205124755/https://www.politico.com/story/2016/08/donald-trump-terrorism-speech-227025|url-status=live}}) 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".{{cite news|url=http://www.latimes.com/politics/la-na-pol-trump-extreme-vetting-20160816-snap-htmlstory.html|newspaper=Los Angeles Times|first=Joseph|last=Tafani|date=August 16, 2016|title=What Donald Trump means when he proposes 'extreme vetting' for would-be immigrants|access-date=February 22, 2017|archive-date=November 28, 2020|archive-url=https://web.archive.org/web/20201128195422/https://www.latimes.com/politics/la-na-pol-trump-extreme-vetting-20160816-snap-htmlstory.html|url-status=live}} (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.{{cite report| author = Charles Kurzman| title = Muslim-American Involvement with Violent Extremism| publisher = Triangle Center on Homeland Security| date = January 26, 2017| url = https://sites.duke.edu/tcths/files/2017/01/Kurzman_Muslim-American_Involvement_in_Violent_Extremism_2016.pdf| pages = 2| access-date = February 19, 2017| quote = Few of these [Muslim-American] individuals [associated with violent extremism in 2016] (9 of 46, or 20 percent) had family backgrounds from the seven countries reportedly designated by the Trump administration for temporary immigration bans. Since 9/11, only 23 percent of Muslim-Americans involved with violent extremist plots had family backgrounds in these seven countries (Iraq, Iran, Libya, Somali, Sudan, Syria, Yemen). There have been no fatalities in the United States caused by extremists with family backgrounds in these countries.| author-link = Charles Kurzman| archive-date = February 15, 2021| archive-url = https://web.archive.org/web/20210215013027/https://sites.duke.edu/tcths/files/2017/01/Kurzman_Muslim-American_Involvement_in_Violent_Extremism_2016.pdf| url-status = live}}) 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.{{cite news|url=https://af.reuters.com/article/worldNews/idAFKCN10Q1AB?pageNumber=1&virtualBrandChannel=0|archive-url=https://web.archive.org/web/20170222201245/http://af.reuters.com/article/worldNews/idAFKCN10Q1AB?pageNumber=1&virtualBrandChannel=0|url-status=dead|archive-date=February 22, 2017|title=Trump promises to work with NATO to defeat Islamic State|location=Youngstown, Ohio|date=August 16, 2016|first=Ginger|last=Gibson}}
In a speech on August 31 Trump vowed to "suspend the issuance of visas" to "places like Syria and Libya".{{cite speech|author-last=Trump|author-first=Donald|author-link=Donald Trump|title=Presidential Candidate Donald Trump Remarks on Immigration Policy|url=https://www.c-span.org/video/?414550-1/donald-trump-delivers-immigration-policy-address|publisher=C-SPAN|date=August 31, 2016|time=56:42|access-date=January 31, 2017|archive-date=May 1, 2017|archive-url=https://web.archive.org/web/20170501020647/https://www.c-span.org/video/?414550-1%2Fdonald-trump-delivers-immigration-policy-address|url-status=live}}{{cite news|url=https://www.yahoo.com/news/no-legal-status-citizenship-migrants-country-illegally-trump-024622869.html|date=August 31, 2016|first=Emily|last=Stephenson|location=Phoenix|work=Yahoo! News|agency=Reuters|title=Trump returns to hardline position on illegal immigration|access-date=February 4, 2017|archive-date=February 5, 2017|archive-url=https://web.archive.org/web/20170205101805/https://www.yahoo.com/news/no-legal-status-citizenship-migrants-country-illegally-trump-024622869.html|url-status=live}} 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".{{cite interview |last=Pence |first=Mike |author-link=Mike Pence |interviewer=Chuck Todd |title=Meet the Press |format=Transcript |publisher=NBC News |date=September 4, 2016 |url=http://www.nbcnews.com/meet-the-press/meet-press-september-4-2016-n642656 |access-date=February 25, 2017 |archive-date=January 20, 2021 |archive-url=https://web.archive.org/web/20210120034646/https://www.nbcnews.com/meet-the-press/meet-press-september-4-2016-n642656 |url-status=live }}
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.{{cite news|url=http://www.cbsnews.com/news/donald-trump-tweets-about-ohio-state-university-stabbing-attack/|title=Donald Trump tweets about Ohio State University stabbing attack|date=November 30, 2016|work=CBS News|first=Reena|last=Flores|access-date=February 25, 2017|archive-date=December 1, 2016|archive-url=https://web.archive.org/web/20161201080601/http://www.cbsnews.com/news/donald-trump-tweets-about-ohio-state-university-stabbing-attack/|url-status=live}} In early December he said the attack showed immigration security is national security when stating goals for his administration.{{cite news|url=http://bigstory.ap.org/article/500f77d761f5441abbd8eb15f01bdbe1/trump-meet-victims-osu-attack-resume-road-show|title=Trump meets with Ohio State victims, taking on somber duty|first=Jonathan|last=Lemire|date=December 8, 2017|publisher=Associated Press|access-date=February 25, 2017|archive-date=February 25, 2017|archive-url=https://web.archive.org/web/20170225210141/http://bigstory.ap.org/article/500f77d761f5441abbd8eb15f01bdbe1/trump-meet-victims-osu-attack-resume-road-show|url-status=live}}{{cite speech|url=https://www.c-span.org/video/?419792-1/presidentelect-donald-trump-holds-rally-des-moines-iowa&start=2789|title=President-Elect Donald Trump Victory Rally|location=Des Moines, Iowa|date=December 8, 2016|time=46:34}} The attacker injured 11 before he was killed by police.{{cite news|url=https://www.nytimes.com/2016/11/28/us/active-shooter-ohio-state-university.html|title=Suspect Is Killed in Attack at Ohio State University That Injured 11|date=November 28, 2017|first1=Mitch|last1=Smith|first2=Richard|last2=Pérez-Peña|author2-link=Richard Pérez-Peña|first3=Adam|last3=Goldman|author3-link=Adam Goldman|newspaper=The New York Times|access-date=February 25, 2017|archive-date=December 8, 2020|archive-url=https://web.archive.org/web/20201208175303/https://www.nytimes.com/2016/11/28/us/active-shooter-ohio-state-university.html|url-status=live}} 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.{{cite news|url=https://www.washingtonpost.com/news/grade-point/wp/2016/11/30/i-interviewed-the-ohio-state-attacker-on-the-first-day-of-school-it-felt-important-now-its-chilling/|title=I interviewed the Ohio State attacker on the first day of school. It felt important. Now it's chilling.|first=Kevin|last=Stankiewicz|date=November 30, 2016|newspaper=The Washington Post|access-date=March 4, 2017|archive-date=March 22, 2017|archive-url=https://web.archive.org/web/20170322203232/https://www.washingtonpost.com/news/grade-point/wp/2016/11/30/i-interviewed-the-ohio-state-attacker-on-the-first-day-of-school-it-felt-important-now-its-chilling/|url-status=live}}
In an interview broadcast the day he would sign the order President Trump told the Christian Broadcasting Network (CBN) that Christian refugees would be given priority in terms of refugee status in the United States{{Cite news|url=http://www1.cbn.com/thebrodyfile/archive/2017/01/27/brody-file-exclusive-president-trump-says-persecuted-christians-will-be-given-priority-as-refugees|title=Brody File Exclusive: President Trump Says Persecuted Christians Will Be Given Priority As Refugees|author-last=Brody|author-first=David|author-link=David Brody (correspondent)|date=January 27, 2017|work=The Brody File|access-date=January 28, 2017|archive-date=December 10, 2020|archive-url=https://web.archive.org/web/20201210113115/https://www1.cbn.com/thebrodyfile/archive/2017/01/27/brody-file-exclusive-president-trump-says-persecuted-christians-will-be-given-priority-as-refugees|url-status=live}}{{cite tweet |user=TheBrodyFile |number=825077990405046272 |date=January 27, 2017 |title=.@TheBrodyFile Exclusive: @POTUS @realDonaldTrump Says Persecuted Christians Will Be Given Priority As Refugees. http://www1.cbn.com/thebrodyfile/archive/2017/01/27/brody-file-exclusive-president-trump-says-persecuted-christians-will-be-given-priority-as-refugees ... }} 12:28 p.m. EST after saying that Syrian Christians were "horribly treated" by his predecessor, Barack Obama.{{cite web|author-last=Connor |author-first=Phillip |date=October 5, 2016 |title=U.S. admits record number of Muslim refugees in 2016 |url=http://www.pewresearch.org/fact-tank/2016/10/05/u-s-admits-record-number-of-muslim-refugees-in-2016 |url-status=live |publisher=Pew Research Center |archive-url=https://web.archive.org/web/20170130202325/http://www.pewresearch.org/fact-tank/2016/10/05/u-s-admits-record-number-of-muslim-refugees-in-2016 |archive-date=January 30, 2017 |access-date=January 31, 2017 |quote=... refugee status was given to 12,587 Syrians. Nearly all of them (99%) were Muslim and less than 1% were Christian. }} 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 in Syria, Jordan, Iraq, and Lebanon; those registered represent the pool from which the U.S. selects refugees.{{cite news|url=https://www.washingtonpost.com/news/fact-checker/wp/2017/01/28/trumps-claim-that-it-is-very-tough-for-christian-syrians-to-get-to-the-united-states|title=Trump's claim that it is 'very tough' for Christian Syrians to get to the United States|newspaper=The Washington Post|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131050108/https://www.washingtonpost.com/news/fact-checker/wp/2017/01/28/trumps-claim-that-it-is-very-tough-for-christian-syrians-to-get-to-the-united-states/|url-status=live}}
António Guterres, 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 (D-DE) accused Trump of spreading "false facts" and "alternative facts".{{cite news|url=https://www.usatoday.com/story/news/politics/2017/01/31/fact-check-christian-refugees-unfairly-kept-out/97300372|title=Fact check: Christian refugees 'unfairly' kept out?|access-date=February 1, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131223336/http://www.usatoday.com/story/news/politics/2017/01/31/fact-check-christian-refugees-unfairly-kept-out/97300372/|url-status=live}}
In January 2016, the Department of Justice (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.{{cite web|url=http://www.sessions.senate.gov/public/_cache/files/6e9a95e6-3552-45f7-bb0c-4fd41f5a28ca/01.13.16-original-doj-nsd-list.pdf|archive-url=https://web.archive.org/web/20161109030252/http://www.sessions.senate.gov/public/_cache/files/6e9a95e6-3552-45f7-bb0c-4fd41f5a28ca/01.13.16-original-doj-nsd-list.pdf|archive-date=November 9, 2016|title=United States Department of Justice report to the United States Senate Judiciary Subcommittee on Immigration and The National Interest|via=Senator Sessions' Senate.gov Website|date=January 13, 2016|access-date= March 7, 2017}}{{cite web|archive-url=https://web.archive.org/web/20161121080847/http://www.sessions.senate.gov/public/index.cfm?p=news-releases&id=C3C77E87-904C-404D-9593-405C07D5B939|url=http://www.sessions.senate.gov/public/index.cfm?p=news-releases&id=C3C77E87-904C-404D-9593-405C07D5B939|archive-date=November 21, 2016|date=June 22, 2016|via=Senator Sessions' Senate.gov Website|title=News Release}} 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.{{cite news|url=https://www.foxnews.com/politics/anatomy-of-the-terror-threat-files-show-hundreds-of-us-plots-refugee-connection|title=Anatomy of the terror threat: Files show hundreds of US plots, refugee connection|first=Judson|last=Berger|date=June 22, 2016|publisher=Fox News|access-date=February 4, 2017|archive-date=February 4, 2017|archive-url=https://web.archive.org/web/20170204061358/http://www.foxnews.com/politics/2016/06/22/anatomy-terror-threat-files-shed-light-on-nature-extent-plots-in-us.html|url-status=live}} The publicly released version of Trump's August 15 speech quoted that report.{{cite news|url=https://www.washingtonpost.com/news/the-fix/wp/2016/08/15/donald-trumps-plan-to-bar-immigrants-from-entering-the-united-states-annotated/|date=August 15, 2016|first=Phillip|last=Bump|title=Donald Trump's plan to bar Muslim immigrants from entering the United States, annotated|newspaper=The Washington Post|access-date=February 22, 2017|archive-date=August 3, 2020|archive-url=https://web.archive.org/web/20200803133111/https://www.washingtonpost.com/news/the-fix/wp/2016/08/15/donald-trumps-plan-to-bar-immigrants-from-entering-the-united-states-annotated/|url-status=live}} Alex Nowrasteh of the Cato Institute 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".{{cite web|url=https://www.cato.org/blog/guide-trumps-executive-order-limit-migration-national-security-reasons|title=Guide to Trump's Executive Order to Limit Migration for "National Security" Reasons|author-last=Nowrasteh|author-first=Alex|author-link=Alex Nowrasteh|publisher=Cato Institute|date=January 26, 2017|access-date=February 1, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131001417/https://www.cato.org/blog/guide-trumps-executive-order-limit-migration-national-security-reasons|url-status=live}}{{cite news|last1=Jackson |first1=Brooks |last2=Kiely |first2=Eugene |last3=Robertson |first3=Lori |last4=Farley |first4=Robert |title=Facts on Trump's Immigration Order|publisher=FactCheck.org|quote=Cato Institute, September 13, 2016: The chance that an American would be killed in a terrorist attack committed by a refugee was 1 in 3.64 billion a year ... actually only 40 of the foreign-born individuals on Sessions' list were convicted of carrying out or attempting to carry out a terrorist attack in the U.S.... Many of the investigations started based on a terrorism tip like, for instance, the suspect wanting to buy a rocket-propelled grenade launcher. However, the tip turned out to be groundless and the legal saga ended with only a mundane conviction of receiving stolen cereal.|date=February 1, 2017|access-date=February 3, 2017 |url=https://www.factcheck.org/2017/02/facts-on-trumps-immigration-order/ |archive-url=https://web.archive.org/web/20180222022551/https://www.factcheck.org/2017/02/facts-on-trumps-immigration-order/ |archive-date=February 22, 2018 |url-status=live}}{{cite news|title=Profiles|magazine=Mother Jones|quote=Abuali was charged with getting two truckloads of stolen cereal. The FBI had been told that one of the men may have tried to buy a rocket propelled grenade, but the tip didn't pan out. Though the case has no clear terrorist links, the DOJ has classified it as terrorism-related.|url=https://www.motherjones.com/fbi-terrorist/nasser-abuali-stolen-cereal|access-date=February 3, 2017|archive-url=https://web.archive.org/web/20170204085534/http://www.motherjones.com/fbi-terrorist/nasser-abuali-stolen-cereal|archive-date=February 4, 2017|url-status=dead}}{{cite news|last=Lewin|first=Tamar|title=A Nation Challenged|newspaper=The New York Times|quote=The federal criminal charges against 93 people in the terrorist investigation range from relatively minor counts that seem to have only the most tenuous connection to terrorism to a few that involve actions that would raise suspicions in any climate.|date=November 28, 2001|url=https://www.nytimes.com/2001/11/28/us/a-nation-challenged-the-charges-accusations-against-93-vary-widely.html|access-date=February 3, 2017|archive-date=February 4, 2017|archive-url=https://web.archive.org/web/20170204170229/http://www.nytimes.com/2001/11/28/us/a-nation-challenged-the-charges-accusations-against-93-vary-widely.html|url-status=live}} 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.{{cite interview|url=https://www.npr.org/2017/03/07/518956864/why-ohio-congressman-bill-johnson-supports-trumps-revised-travel-ban|title=Why Ohio Congressman Bill Johnson Supports Trump's Revised Travel Ban|first=Bill|last=Johnson|interviewer=Rachel Martin|publisher=NPR|date=March 7, 2017|location=Washington, D.C.|access-date=April 5, 2018|archive-date=November 23, 2020|archive-url=https://web.archive.org/web/20201123202938/https://www.npr.org/2017/03/07/518956864/why-ohio-congressman-bill-johnson-supports-trumps-revised-travel-ban|url-status=live}} 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).{{cite web|url=https://www.cato.org/blog/42-percent-terrorism-related-convictions-arent-terrorism|date=March 6, 2017|last=Nowrasteh|first=Alex|author-link=Alex Nowrasteh|publisher=Cato Institute|title=42 Percent of "Terrorism-Related" Convictions Aren't for Terrorism|access-date=March 7, 2017|archive-date=March 6, 2017|archive-url=https://web.archive.org/web/20170306231020/https://www.cato.org/blog/42-percent-terrorism-related-convictions-arent-terrorism|url-status=live}} He contrasts this figure with EO 13780's statement that "[s]ince 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 [descriptor] 'related'."
Development
File:Executive Order 13769.pdf ]]
File:Draft version of Executive Order 13769.pdf
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).{{cite news|url=https://www.washingtonpost.com/news/fact-checker/wp/2016/06/15/donald-trumps-almost-true-claim-that-the-president-has-power-to-ban-any-class-of-persons|work=The Washington Post Fact Checker blog|date=June 15, 2016|title=Donald Trump's almost-true claim that the president has power to ban 'any class of persons'|first=Michelle Ye Hee|last=Lee|access-date=February 4, 2017|archive-date=August 9, 2020|archive-url=https://web.archive.org/web/20200809094301/https://www.washingtonpost.com/news/fact-checker/wp/2016/06/15/donald-trumps-almost-true-claim-that-the-president-has-power-to-ban-any-class-of-persons/|url-status=live}} This was the statutory subsection eventually cited in sections 3, 5, and 6 of the executive order.{{cite news|url=https://www.washingtonpost.com/news/fact-checker/wp/2017/01/29/what-you-need-to-know-about-terror-threat-from-foreigners-and-trumps-executive-order|date=January 29, 2017|title=What you need to know about the terrorist threat from foreigners and Trump's executive order|first=Michelle Ye Hee|last=Lee|work=The Washington Post Fact Checker blog|access-date=February 4, 2017|archive-date=September 27, 2020|archive-url=https://web.archive.org/web/20200927034240/https://www.washingtonpost.com/news/fact-checker/wp/2017/01/29/what-you-need-to-know-about-terror-threat-from-foreigners-and-trumps-executive-order/|url-status=live}}
According to CNN, the executive order was developed primarily by White House officials (which the Los Angeles Times reported as including "major architect" Stephen Miller and Steve Bannon{{cite news|last=Bennett|first=Brian|date=January 29, 2017|title=Travel ban is the clearest sign yet of Trump advisors' intent to reshape the country|url=http://www.latimes.com/politics/la-na-pol-trump-immigration-20170129-story.html|newspaper=Los Angeles Times|location=Washington, D.C.|access-date=January 29, 2017|archive-date=May 2, 2019|archive-url=https://web.archive.org/web/20190502122219/https://www.latimes.com/politics/la-na-pol-trump-immigration-20170129-story.html|url-status=live}}) without input from the U.S. Department of Justice's Office of Legal Counsel (OLC) that is typically a part of the drafting process. This was disputed by White House officials.{{cite news|url=http://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html|title=Inside the confusion of the Trump executive order and travel ban|last1=Perez|first1=Evan|last2=Brown|first2=Pamela|author2-link=Pamela Brown (journalist)|last3=Liptak|first3=Kevin|publisher=CNN|date=January 29, 2017|access-date=January 29, 2017|archive-date=April 29, 2019|archive-url=https://web.archive.org/web/20190429032345/https://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html|url-status=live}} 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.{{cite news|url=https://www.npr.org/2017/01/27/511998206/key-justice-dept-office-won-t-say-if-it-approved-white-house-executive-orders|title=Key Justice Dept. Office Won't Say If It Approved White House Executive Orders|last=Johnson|first=Carrie|publisher=NPR|date=January 27, 2017|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129000152/http://www.npr.org/2017/01/27/511998206/key-justice-dept-office-won-t-say-if-it-approved-white-house-executive-orders|url-status=live}}
Trump aides said that the order had been issued in consultation with Department of Homeland Security and State Department officials. Officials at the State Department and other agencies said it was not.{{cite news|url=https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html|title=Judge Blocks Part of Trump's Immigration Order|first1=Michael D.|last1=Shear|first2=Alan|last2=Feuer|date=January 28, 2017|newspaper=The New York Times|access-date=January 28, 2017|archive-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128170624/https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html|url-status=live}}{{cite news|title=Trump Team Kept Plan for Travel Ban Quiet|url=https://www.wsj.com/articles/trump-team-kept-plan-for-travel-ban-quiet-1485738314|newspaper=The Wall Street Journal|access-date=January 30, 2017|archive-date=January 30, 2017|archive-url=https://web.archive.org/web/20170130015443/http://www.wsj.com/articles/trump-team-kept-plan-for-travel-ban-quiet-1485738314|url-status=live}} 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.{{cite news|url=https://www.wsj.com/articles/white-house-defends-executive-order-barring-travelers-from-certain-muslim-countries-1485642323|title=White House Defends Executive Order Barring Travelers From Certain Muslim Countries|newspaper=The Wall Street Journal|date=January 28, 2017|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129002104/http://www.wsj.com/articles/white-house-defends-executive-order-barring-travelers-from-certain-muslim-countries-1485642323|url-status=live}} CNN reported that Homeland Security Secretary John Kelly and Department of Homeland Security leadership saw the details shortly before the order was finalized.{{cite news|last1=Perez|first1=Evan|last2=Brown|first2=Pamela|author2-link=Pamela Brown (journalist)|last3=Liptak|first3=Kevin|title=Inside the confusion of the Trump executive order and travel ban|url=http://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html|access-date=February 12, 2017|publisher=CNN|date=January 30, 2017|quote=Homeland Security Secretary John Kelly and Department of Homeland Security leadership saw the final details shortly before the order was finalized, government officials said.|archive-date=April 29, 2019|archive-url=https://web.archive.org/web/20190429032345/https://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html|url-status=live}}
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.{{cite news|title=DHS chief promises to carry out Trump's immigration order 'humanely'|date=January 31, 2017|first1=Kyle|last1=Cheney|first2=Louis|last2=Nelson|first3=Madeline|last3=Conway|newspaper=Politico|quote=Along with confusion surrounding the order's implementation, reports also trickled out over the weekend that top administration officials, among them Kelly and Defense Secretary James Mattis, had not been consulted in crafting the order and were not aware of it until shortly before it was signed last week. On Tuesday, Kelly pushed back against those reports, telling reporters that he "did know it was under development" and had seen at least two drafts of the order.|url=http://www.politico.com/story/2017/01/trump-immigration-order-john-kelly-234435|access-date=February 3, 2017|archive-date=November 11, 2020|archive-url=https://web.archive.org/web/20201111191315/https://www.politico.com/story/2017/01/trump-immigration-order-john-kelly-234435|url-status=live}} (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 in the afternoon{{cite news|title=Trump Signs Orders to Rebuild the Military, Block Terrorists|work=U.S. News & World Report|url=https://www.usnews.com/news/politics/articles/2017-01-27/donald-trump-signs-two-executive-actions-aimed-at-rebuilding-the-military-blocking-terrorists|date=January 27, 2017|access-date=February 3, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203165112/http://www.usnews.com/news/politics/articles/2017-01-27/donald-trump-signs-two-executive-actions-aimed-at-rebuilding-the-military-blocking-terrorists|url-status=live}}{{cite video|url=https://www.c-span.org/video/?422913-1/president-trump-signs-executive-action-calling-extreme-vetting-refugees|time=2:46|publisher=C-SPAN|date=January 30, 2017|title=Ceremonial Swearing-in of Defense Secretary Mattis|access-date=February 3, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203162608/https://www.c-span.org/video/?422913-1/president-trump-signs-executive-action-calling-extreme-vetting-refugees|url-status=live}}) and the White House did not offer Mattis the chance to provide input while the order was drafted.{{cite news|url=https://www.nytimes.com/2017/01/29/us/politics/donald-trump-rush-immigration-order-chaos.html|title=How Trump's Rush to Enact an Immigration Ban Unleashed Global Chaos|date=January 29, 2017|first1=Michael D.|last1=Shear|first2=Ron|last2=Nixon|work=The New York Times|access-date=February 3, 2017|archive-date=February 1, 2021|archive-url=https://web.archive.org/web/20210201042139/https://www.nytimes.com/2017/01/29/us/politics/donald-trump-rush-immigration-order-chaos.html|url-status=live}} 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.{{cite news|url=http://www.chicagotribune.com/news/nationworld/politics/ct-white-house-cabinet-immigration-battle-20170204-story.html|date=February 4, 2017|title=Analysis: Inside the White House-Cabinet battle over Trump's immigration order|first=Josh|last=Rogin|newspaper=Chicago Tribune|access-date=February 10, 2017|archive-date=April 18, 2019|archive-url=https://web.archive.org/web/20190418015337/https://www.chicagotribune.com/news/nationworld/politics/ct-white-house-cabinet-immigration-battle-20170204-story.html|url-status=live}} According to the Department of Homeland Security Office of Inspector General, 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.{{cite news|last1=Nixon|first1=Ron|title=Travel Ban Caught Homeland Security by Surprise, Report Concludes|url=https://www.nytimes.com/2018/01/19/us/politics/homeland-security-travel-ban-inspector-general.html|access-date=March 12, 2018|work=The New York Times|date=January 20, 2018|page=A16|archive-date=March 13, 2018|archive-url=https://web.archive.org/web/20180313094123/https://www.nytimes.com/2018/01/19/us/politics/homeland-security-travel-ban-inspector-general.html|url-status=live}}{{cite news|last1=Kelly|first1=John V.|title=OIG-18-37 Final report on DHS Implementation of Executive Order #13769|url=https://www.oig.dhs.gov/sites/default/files/assets/2018-01/OIG-18-37-Jan18.pdf|access-date=March 12, 2018|agency=Department of Homeland Security Office of Inspector General|date=January 18, 2018|archive-date=January 25, 2018|archive-url=https://web.archive.org/web/20180125195411/https://www.oig.dhs.gov/sites/default/files/assets/2018-01/OIG-18-37-Jan18.pdf|url-status=live}} The DHS inspector general found that U.S. Customs and Border Protection was not sent a draft of the order and that acting commissioner Kevin McAleenan received most of his information on the order from congressional staffers.
White House cyber security adviser Rudy Giuliani said on Fox News that President Trump came to him for guidance over the order.{{Cite news|url=http://www.nydailynews.com/news/politics/rudy-giuliani-trump-tasked-craft-muslim-ban-article-1.2958588|title=Rudy Giuliani says Trump tasked him to craft 'Muslim ban'|last=Hensley|first=Nicole|date=January 29, 2017|newspaper=New York Daily News|location=New York|access-date=January 29, 2017|archive-date=November 20, 2020|archive-url=https://web.archive.org/web/20201120223451/https://www.tribpub.com/gdpr/nydailynews.com/|url-status=live}} 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".{{cite news|url=https://www.msn.com/en-us/video/news/full-video-trump-lays-out-his-contract-with-america/vi-AAjgYDq|title=Full Video: Trump lays out his 'Contract with America'|publisher=MSN|access-date=January 31, 2017|archive-date=March 1, 2017|archive-url=https://web.archive.org/web/20170301044614/https://www.msn.com/en-us/video/news/full-video-trump-lays-out-his-contract-with-america/vi-AAjgYDq|url-status=live}}{{cite news|last=Wang|first=Amy B.|url=https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/|title=Trump asked for a 'Muslim ban', Giuliani says — and ordered a commission to do it 'legally'|newspaper=The Washington Post|access-date=January 30, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129233559/https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/|url-status=live}} The committee, which included former U.S. attorney general and chief judge of the Southern District of New York Michael Mukasey and representatives Mike McCaul and Peter T. King, 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.Tucker, Eric. (February 6, 2017). "AP Fact Check: No arrests from 7 nations in travel ban? Nope". [https://apnews.com/cf244d096e084e7a943b45168deafc5f/AP-FACT-CHECK:-No-arrests-from-7-nations-in-travel-ban?-Nope AP website] {{Webarchive|url=https://web.archive.org/web/20201202100821/https://apnews.com/cf244d096e084e7a943b45168deafc5f/AP-FACT-CHECK:-No-arrests-from-7-nations-in-travel-ban?-Nope |date=December 2, 2020 }}; retrieved February 13, 2017
Provisions
File:OLC opinion on legal form review.pdf
The version of the executive order posted at the White House website differs from the Presidentially approved order published by the Federal Register.{{cite news|url=https://www.usatoday.com/story/news/politics/2017/02/14/white-house-posts-wrong-versions-trumps-orders-its-website/97845888/|title=White House posts wrong versions of Trump's orders on its website|date=February 14, 2017|first=Gregory|last=Korte|newspaper=USA Today|access-date=August 27, 2017|archive-date=October 29, 2020|archive-url=https://web.archive.org/web/20201029020026/https://www.usatoday.com/story/news/politics/2017/02/14/white-house-posts-wrong-versions-trumps-orders-its-website/97845888/|url-status=live}}
Section 1, describing the purpose of the order, invoked the September 11 attacks, stating that then State Department policy prevented consular officers from properly scrutinizing the visa applications of the attackers.{{cite news|url=https://www.washingtonpost.com/news/post-nation/wp/2017/01/30/the-trump-white-house-keeps-justifying-the-entry-ban-by-citing-attacks-it-couldnt-have-prevented|title=Trump and his aides keep justifying the entry ban by citing attacks it couldn't have prevented|last=Berman|first=Mark|newspaper=The Washington Post|date=January 30, 2017|access-date=February 4, 2017|quote=when Trump announced Friday that he was suspending travel from seven Muslim-majority countries, his order mentioned the Sept. 11, 2001, terrorist attacks three times.|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203114641/https://www.washingtonpost.com/news/post-nation/wp/2017/01/30/the-trump-white-house-keeps-justifying-the-entry-ban-by-citing-attacks-it-couldnt-have-prevented/|url-status=live}}{{cite news|url=http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries|title=How the Trump administration chose the 7 countries in the immigration executive order|last1=Blaine|first1=Kyle|last2=Horowitz|first2=Julia|publisher=CNN|date=January 29, 2017|access-date=February 4, 2017|quote=The executive order specifically invoked the Sept. 11, 2001, terrorist attacks.|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203235852/http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries/|url-status=live}} However, none of the September 11 hijackers were from any of the seven banned countries. When announcing his executive action, Trump made similar references to the attacks several times.{{cite news|url=https://www.theguardian.com/us-news/2017/jan/27/donald-trump-muslim-refugee-ban-executive-action|title=Trump signs 'extreme vetting' executive order for people entering the US|last=Siddiqui|first=Sabrina|newspaper=The Guardian|date=January 27, 2017|access-date=February 4, 2017|quote=While announcing his executive action at the Department of Defense on Friday, Trump summoned the memory of the 9/11 terror attacks, saying 'we will never forget the lessons of 9/11, nor the heroes who have lost their lives at the Pentagon.' However, none of the 19 hijackers who committed those attacks were from countries cited in the order.|archive-date=March 18, 2017|archive-url=https://web.archive.org/web/20170318215739/https://www.theguardian.com/us-news/2017/jan/27/donald-trump-muslim-refugee-ban-executive-action|url-status=live}}
The order excluded countries of origin of radicalized Muslim perpetrators of attacks against the United States, such as Saudi Arabia, Lebanon, the United Arab Emirates, Pakistan, Russia and Kyrgyzstan.{{Cite news|url=https://www.npr.org/sections/parallels/2017/01/27/511861645/trumps-immigration-freeze-omits-those-linked-to-deadly-attacks-in-u-s|title=Trump's Immigration Freeze Omits Those Linked To Deadly Attacks In U.S.|publisher=NPR|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131002245/http://www.npr.org/sections/parallels/2017/01/27/511861645/trumps-immigration-freeze-omits-those-linked-to-deadly-attacks-in-u-s|url-status=live}} It also did not include any Muslim countries where the Trump Organization had conducted business, such as the United Arab Emirates and Turkey.{{cite news|url=https://www.bloomberg.com/graphics/2017-trump-immigration-ban-conflict-of-interest|title=Trump's Immigration Ban Excludes Countries With Business Ties|last1=Melby|first1=Caleb|last2=Migliozzi|first2=Blacki|last3=Keller|first3=Michael|publisher=Bloomberg News|date=January 27, 2017|access-date=February 4, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203134749/https://www.bloomberg.com/graphics/2017-trump-immigration-ban-conflict-of-interest/|url-status=live}} Political activist and legal scholar David G. Post opined in The Washington Post that Trump had "allowed business interests to interfere with his public policy making", and called for his impeachment.{{cite news|url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/30/was-trumps-executive-order-an-impeachable-offense|title=Was Trump's executive order an impeachable offense?|last=Post|first=David G.|author-link=David Post|date=January 30, 2017|access-date=February 4, 2017|archive-date=February 5, 2017|archive-url=https://web.archive.org/web/20170205102105/https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/01/30/was-trumps-executive-order-an-impeachable-offense/|url-status=live}}
=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.{{cite news|url=https://www.nytimes.com/2017/01/28/us/politics/annotating-trump-immigration-refugee-order.html|title=President Trump's Immigration Order, Annotated|date=January 28, 2017|newspaper=The New York Times|last1=Liptak|first1=Adam|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129041603/https://www.nytimes.com/2017/01/28/us/politics/annotating-trump-immigration-refugee-order.html|url-status=live}}{{cite news|url=https://www.nytimes.com/2017/01/27/us/politics/trump-syrian-refugees.html|title=Trump Bars Refugees and Citizens of 7 Muslim Countries|first1=Michael D.|last1=Shear|first2=Helene|last2=Cooper|author2-link=Helene Cooper|date=January 27, 2017|newspaper=The New York Times|access-date=January 28, 2017|archive-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128035439/https://www.nytimes.com/2017/01/27/us/politics/trump-syrian-refugees.html|url-status=live}}{{cite news|url=http://www.cnn.com/2017/01/29/politics/trump-travel-ban-countries|title=What it's like in the 7 countries on Trump's travel ban list|date=January 30, 2017|publisher=CNN|last2=Smith|first2=Emily|last1=Dewan|first1=Angela|access-date=February 2, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202011326/http://www.cnn.com/2017/01/29/politics/trump-travel-ban-countries/|url-status=live}} This order affects about 218 million people who are citizens of these countries.{{cite news|url=http://www.cnn.com/2017/01/28/politics/donald-trump-executive-order-immigration-reaction/index.html|title=Trump's immigration ban sends shockwaves|first1=Jeremy|last1=Diamond|first2=Steve|last2=Almasy|publisher=CNN|access-date=February 2, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201203043/http://www.cnn.com/2017/01/28/politics/donald-trump-executive-order-immigration-reaction/index.html|url-status=live}} After 90 days a list of additional countries—not just those specified by a subparagraph{{efn |{{USCSub |8 |1187 |a |12}}}} of the Immigration and Nationality Act (INA)—must be prepared.{{cite news|url=http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries/index.html|title=How the Trump administration chose the 7 countries in the immigration executive order|date=January 30, 2017|publisher=CNN|last2=Horowitz|first2=Julia|last1=Blaine|first1=Kyle|access-date=February 2, 2017|archive-date=February 8, 2017|archive-url=https://web.archive.org/web/20170208090853/http://www.cnn.com/2017/01/29/politics/how-the-trump-administration-chose-the-7-countries/index.html|url-status=live}} 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.{{cite web|title=8 U.S. Code § 1187 - Visa waiver program for certain visitors|url=https://www.law.cornell.edu/uscode/text/8/1187|website=law.cornell.edu|publisher=Cornell University Law School|access-date=January 29, 2017|archive-date=January 27, 2017|archive-url=https://web.archive.org/web/20170127095920/https://www.law.cornell.edu/uscode/text/8/1187|url-status=live}} Citing Section 3(c) of the executive order, Deputy Assistant Secretary of State for Consular Affairs Edward J. Ramotowski issued a notice that "provisionally revoke[s] all valid nonimmigrant and immigrant visas of nationals" of the designated countries.{{cite news|url=https://www.nbcnews.com/news/us-news/over-100-000-visas-have-been-revoked-immigration-ban-justice-n716121|title=Over 100,000 visas revoked by immigration ban, government lawyer reveals|work=NBC News|access-date=February 4, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203234931/http://www.nbcnews.com/news/us-news/over-100-000-visas-have-been-revoked-immigration-ban-justice-n716121|url-status=live}}{{cite news|last1=Gerstein|first1=Josh|title=State Department notice revoking visas under Trump order released|url=http://www.politico.com/blogs/under-the-radar/2017/01/trump-visas-state-department-234454|website=Politico blogs|date=January 31, 2017|access-date=February 2, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202205456/http://www.politico.com/blogs/under-the-radar/2017/01/trump-visas-state-department-234454|url-status=live}}{{cite web|last1=Ramotowski|first1=Edward|title=revocation order|url=http://www.politico.com/f/?id=00000159-f6bd-d173-a959-ffff671a0001|via=Politico|publisher=United States Department of State|access-date=February 2, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201191124/http://www.politico.com/f/?id=00000159-f6bd-d173-a959-ffff671a0001|url-status=live}}
The secretary of homeland security, in consultation with the secretary of state and the director of national intelligence, 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 and the director of national intelligence agree to do so. The suspension for Syrian refugees is indefinite.{{cite news|url=https://www.foxnews.com/politics/u-s-backed-iraqi-fighters-say-trumps-refugee-ban-feels-like-betrayal|title=U.S.-backed Iraqi fighters say Trump's refugee ban feels like 'betrayal'|first=Hollie|last=McKay|author-link=Hollie McKay|publisher=Fox News|date=January 25, 2017|access-date=January 27, 2017|archive-date=July 3, 2018|archive-url=https://web.archive.org/web/20180703133359/http://www.foxnews.com/politics/2017/01/27/u-s-backed-iraqi-fighters-say-trumps-refugee-ban-feels-like-betrayal.html|url-status=live}} The number of new refugees allowed in 2017 is capped to 50,000 (reduced from 110,000).{{cite news|url=http://www.cnn.com/2017/01/28/politics/2-iraqis-file-lawsuit-after-being-detained-in-ny-due-to-travel-ban|title=Judges temporarily block part of Trump's immigration order, WH stands by it|publisher=CNN|date=January 29, 2017|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129000210/http://www.cnn.com/2017/01/28/politics/2-iraqis-file-lawsuit-after-being-detained-in-ny-due-to-travel-ban/|url-status=live}} 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.{{cite magazine|url=https://www.theatlantic.com/politics/archive/2017/01/christians-refugees-trump/514820|title=Where Christian Leaders Stand on Trump's Refugee Policy|last=Green|first=Emma|date=January 27, 2017|magazine=The Atlantic|access-date=February 4, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203234925/https://www.theatlantic.com/amp/article/514820/|url-status=live}}{{cite news|url=https://www.latimes.com/world/middleeast/la-fg-trump-christians-muslims-20170128-story,amp.html|title=Trump's refugee policy raises a question: How do you tell a Christian from a Muslim?|last=Bulos|first=Nabi|date=January 29, 2017|newspaper=Los Angeles Times|access-date=February 4, 2017|archive-date=February 4, 2017|archive-url=https://web.archive.org/web/20170204030800/http://www.latimes.com/world/middleeast/la-fg-trump-christians-muslims-20170128-story,amp.html|url-status=live}}{{cite news|url=https://www.independent.co.uk/news/world/americas/donald-trump-muslim-ban-immigration-visas-refugees-syria-iraq-terrorism-isis-attacks-most-victims-a7550936.html|title=Donald Trump immigration ban: Most Isis victims are Muslims despite President's planned exemption for Christians|date=January 28, 2017|newspaper=The Independent|last1=Dearden|first1=Lizzie|access-date=February 2, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201153639/http://www.independent.co.uk/news/world/americas/donald-trump-muslim-ban-immigration-visas-refugees-syria-iraq-terrorism-isis-attacks-most-victims-a7550936.html|url-status=live}}
The order said that the secretaries of state and homeland security 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.{{cite news|title=Trump's refugee and travel suspension: Key points|work=BBC News|date=January 28, 2017|url=https://www.bbc.com/news/world-us-canada-38781302|access-date=January 29, 2017|archive-date=May 7, 2019|archive-url=https://web.archive.org/web/20190507032822/https://www.bbc.com/news/world-us-canada-38781302|url-status=live}}{{cite news|last=Nicholas|first=Peter|title=White House Defends Executive Order Barring Travelers From Certain Muslim Countries|newspaper=The Wall Street Journal|date=January 28, 2017|url=https://www.wsj.com/articles/white-house-defends-executive-order-barring-travelers-from-certain-muslim-countries-1485642323|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129002104/http://www.wsj.com/articles/white-house-defends-executive-order-barring-travelers-from-certain-muslim-countries-1485642323|url-status=live}} 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 9/11 Commission, which recommended in the 9/11 Commission Report, that a biometric entry and exist system be created and implemented.[9/11 Commission Report, 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.{{Cite news|url=https://arstechnica.com/tech-policy/2017/02/us-visitors-may-have-to-reveal-social-media-passwords-to-enter-country|title=US visitors may have to reveal social media passwords to enter country|newspaper=Ars Technica|access-date=February 8, 2017|archive-date=February 8, 2017|archive-url=https://web.archive.org/web/20170208181934/https://arstechnica.com/tech-policy/2017/02/us-visitors-may-have-to-reveal-social-media-passwords-to-enter-country/|url-status=live}} In 2011 the Obama administration released a memo revealing a similar plan to vet social media accounts for visa applicants.{{Cite news|url=https://www.nbcnews.com/news/us-news/homeland-security-rejected-plan-vet-visa-applicants-social-media-n481681|title=Homeland Security Failed to Adopt Plan to Vet Visa Applicants' Social Media|work=NBC News|date=December 17, 2015|access-date=February 8, 2017|archive-date=February 8, 2017|archive-url=https://web.archive.org/web/20170208082856/http://www.nbcnews.com/news/us-news/homeland-security-rejected-plan-vet-visa-applicants-social-media-n481681|url-status=live}} John Kelly has stated that the temporary ban is important and that the DHS is developing what "extreme vetting" might look like.{{Cite news |date=January 31, 2017 |url=http://philadelphia.cbslocal.com/2017/01/31/john-kelly-extreme-vetting |title=Homeland Security Secretary: We Are Developing What Extreme Vetting Might Look Like |publisher=CBS Philly |access-date=February 8, 2017 |archive-date=February 11, 2017 |archive-url=https://web.archive.org/web/20170211080332/http://philadelphia.cbslocal.com/2017/01/31/john-kelly-extreme-vetting/ |url-status=live }}
=Green-card holders=
There was some early confusion about the status of green-card holders (i.e., lawful permanent residents). 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.{{Cite web|url=http://cdn.ca9.uscourts.gov/datastore/general/2017/02/04/17-35105%20motion.pdf|title=C17-00141-JLR-- State of Washington and State of Minnesota v. Donald Trump|publisher=United States Courts for the Ninth Circuit|access-date=February 14, 2017|archive-date=February 15, 2017|archive-url=https://web.archive.org/web/20170215234907/http://cdn.ca9.uscourts.gov/datastore/general/2017/02/04/17-35105%20motion.pdf|url-status=live}} 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.{{Cite web |url=http://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html |title=Inside the confusion of the Trump executive order and travel ban |author=Evan Perez |author2=Pamela Brown |author3=Kevin Liptak |date=January 29, 2017 |publisher=CNN |access-date=February 12, 2017 |author2-link=Pamela Brown (journalist) |archive-date=April 29, 2019 |archive-url=https://web.archive.org/web/20190429032345/https://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html |url-status=live }} 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.{{Cite news|url=https://thehill.com/policy/national-security/316670-trump-refugee-ban-bars-green-card-holders-report/|title=Immigration ban includes green-card holders: DHS|last=Greenwood|first=Max|date=January 28, 2017|newspaper=The Hill|access-date=February 12, 2017|archive-date=February 11, 2017|archive-url=https://web.archive.org/web/20170211194557/http://thehill.com/policy/national-security/316670-trump-refugee-ban-bars-green-card-holders-report|url-status=live}} By Saturday afternoon White House officials said they would need a case-by-case waiver to return.{{Cite news|url=https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html|title=Judge Blocks Part of Trump's Immigration Order|last1=Shear|first1=Michael D.|date=January 28, 2017|newspaper=The New York Times|last2=Feuer|first2=Alan|access-date=January 29, 2017|archive-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128170624/https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html|url-status=live}} On Sunday White House chief of staff Reince Priebus said that green-card holders would not be prevented from returning to the United States.
According to the Associated Press, no green-card holders were ultimately denied entry to the U.S. although several initially spent "long hours" in detention.{{cite news|url=https://www.nytimes.com/2017/01/29/us/politics/white-house-official-in-reversal-says-green-card-holders-wont-be-barred.html|title=White House Official, in Reversal, Says Green Card Holders Won't Be Barred|newspaper=The New York Times|last=Shear|first=Michael|date=January 29, 2017|access-date=January 29, 2017|archive-date=January 30, 2017|archive-url=https://web.archive.org/web/20170130044850/https://www.nytimes.com/2017/01/29/us/politics/white-house-official-in-reversal-says-green-card-holders-wont-be-barred.html|url-status=live}}{{cite news|url=https://www.foxnews.com/us/tears-and-detention-for-us-visitors-as-trump-travel-ban-hits|title=Tears and detention for US visitors as Trump travel ban hits|date=January 29, 2017|publisher=Fox Newsl|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129074527/http://www.foxnews.com/us/2017/01/29/tears-and-detention-for-us-visitors-as-trump-travel-ban-hits.html|url-status=live}} On January 29, Secretary of Homeland Security John Kelly 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.{{cite web|url=https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states|title=Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States|publisher=Department of Homeland Security|access-date=January 31, 2017|date=January 29, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131003922/https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-residents-united-states|url-status=live}} On February 1, White House counsel Don McGahn 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.{{cite news|url=http://www.politico.com/story/2017/02/white-house-green-card-holders-no-longer-covered-by-trump-executive-order-234505|title=White House tweaks Trump's travel ban to exempt green card holders|author=Josh Gerstein|newspaper=Politico|date=February 1, 2017|access-date=February 3, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203001411/http://www.politico.com/story/2017/02/white-house-green-card-holders-no-longer-covered-by-trump-executive-order-234505|url-status=live}} 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".{{cite news |url=http://www.latimes.com/politics/washington/la-na-essential-washington-updates-trump-administration-further-clarifies-1485979330-htmlstory.html |title=Trump administration further clarifies travel ban, exempting green card holders |last=Bierman |first=Noah |date=February 1, 2017 |newspaper=Los Angeles Times |access-date=February 2, 2017 |archive-date=February 8, 2017 |archive-url=https://web.archive.org/web/20170208085211/http://www.latimes.com/politics/washington/la-na-essential-washington-updates-trump-administration-further-clarifies-1485979330-htmlstory.html |url-status=live }}
= 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 told their airlines that dual nationals who hold a passport from a non-banned country would be allowed in.{{cite news|last=Merica|first=Dan|url=http://www.cnn.com/2017/01/29/politics/donald-trump-travel-ban-green-card-dual-citizens|title=How Trump's travel ban affects green card holders and dual citizens|publisher=CNN|access-date=January 30, 2017|archive-date=January 30, 2017|archive-url=https://web.archive.org/web/20170130003418/http://www.cnn.com/2017/01/29/politics/donald-trump-travel-ban-green-card-dual-citizens/|url-status=live}}
The United Kingdom's Foreign and Commonwealth Office issued a press release that the restrictions apply to those traveling from the listed countries not those that merely have their citizenship.{{cite web|url=https://www.gov.uk/government/news/presidential-executive-order-on-inbound-migration-to-us|title=Presidential executive order on inbound migration to US|date=January 29, 2017|publisher=Foreign and Commonwealth Office|archive-url=https://web.archive.org/web/20170129211109/https://www.gov.uk/government/news/presidential-executive-order-on-inbound-migration-to-us|archive-date=January 29, 2017}} The confusion led companies and institutions to take a more cautious approach; for example, Google 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.{{cite news|url=https://abcnews.go.com/Politics/officials-clarify-impact-dual-nationals-trumps-immigration-executive/story?id=45178731|title=Officials Aim to Clarify Impact on Dual Nationals From Trump's Immigration Executive Order|work=ABC News|date=February 1, 1017|access-date=February 10, 2017|archive-date=February 9, 2017|archive-url=https://web.archive.org/web/20170209120915/http://abcnews.go.com/Politics/officials-clarify-impact-dual-nationals-trumps-immigration-executive/story?id=45178731|url-status=live}}
=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.{{cite news|url=http://www.cnn.com/2016/08/14/politics/donald-trump-isis-fight/|date=August 15, 2016|title=Trump proposes values test for would-be immigrants in fiery ISIS speech|publisher=CNN|access-date=February 24, 2017|archive-date=November 16, 2020|archive-url=https://web.archive.org/web/20201116082725/https://www.cnn.com/2016/08/14/politics/donald-trump-isis-fight/|url-status=live}} In response, immigration expert Stephen Yale-Loehr suggested that an ideological test could involve screening immigration applicants' social media pages as part of a routine background check.{{cite news|url=https://www.theguardian.com/us-news/2016/aug/17/trump-immigration-plan-us-constitution|title=Trump's 'deeply un-American' stance on immigration prompts legal concerns|first=Lauren|last=Gambino|date=August 17, 2017|newspaper=The Guardian|access-date=February 24, 2017|archive-date=November 8, 2020|archive-url=https://web.archive.org/web/20201108095356/https://www.theguardian.com/us-news/2016/aug/17/trump-immigration-plan-us-constitution|url-status=live}} 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.Federal Register Notice and Request for Comments of February 21, 2017: Agency Information Collection Activities: Electronic Visa Update System. U.S. Customs and Border Protection, Department of Homeland Security. {{Federal Register|82|11237}}–11238{{cite news|url=https://www.nbcnews.com/news/asian-america/proposed-homeland-security-rule-asks-some-chinese-visitors-social-media-n723756|title=Proposed Homeland Security Rule Asks Some Chinese Visitors for Social Media Accounts|work=NBC News|date=February 21, 2017|first=Chris|last=Fuchs|access-date=October 7, 2019|archive-date=November 22, 2020|archive-url=https://web.archive.org/web/20201122100205/https://www.nbcnews.com/news/asian-america/proposed-homeland-security-rule-asks-some-chinese-visitors-social-media-n723756|url-status=live}} 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.{{cite news|url=https://www.nbcnews.com/news/us-news/us-visitors-may-have-hand-over-social-media-passwords-kelly-n718216|first=Alex|last=Smith|title=U.S. Visitors May Have to Hand Over Social Media Passwords: DHS|work=NBC News|date=February 8, 2017|access-date=October 7, 2019|archive-date=January 28, 2021|archive-url=https://web.archive.org/web/20210128151132/https://www.nbcnews.com/news/us-news/us-visitors-may-have-hand-over-social-media-passwords-kelly-n718216|url-status=live}} According to Sophia Cope, a lawyer for the Electronic Frontier Foundation, 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.{{cite news|url=https://www.nytimes.com/2017/02/14/business/border-enforcement-airport-phones.html|title=What Are Your Rights if Border Agents Want to Search Your Phone?|first=Daniel|last=Victor|work=The New York Times|date=February 14, 2017|access-date=February 24, 2017|archive-date=January 29, 2021|archive-url=https://web.archive.org/web/20210129093457/https://www.nytimes.com/2017/02/14/business/border-enforcement-airport-phones.html|url-status=live}} 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=
{{Further|Safe zone (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."{{cite news|title=Draft executive order would begin 'extreme vetting' of immigrants and visitors to the U.S.|date=January 25, 2017|url=https://www.washingtonpost.com/world/national-security/draft-executive-order-would-begin-extreme-vetting-of-immigrants-and-visitors-to-the-us/2017/01/25/17a27424-e328-11e6-a547-5fb9411d332c_story.html|access-date=February 1, 2017|archive-date=October 25, 2020|archive-url=https://web.archive.org/web/20201025015411/https://www.washingtonpost.com/world/national-security/draft-executive-order-would-begin-extreme-vetting-of-immigrants-and-visitors-to-the-us/2017/01/25/17a27424-e328-11e6-a547-5fb9411d332c_story.html|url-status=live}}{{cite news|title=Read the draft of the executive order on immigration and refugees|url=https://apps.washingtonpost.com/g/documents/world/read-the-draft-of-the-executive-order-on-immigration-and-refugees/2289|access-date=February 14, 2017|archive-date=February 22, 2017|archive-url=https://web.archive.org/web/20170222111242/https://apps.washingtonpost.com/g/documents/world/read-the-draft-of-the-executive-order-on-immigration-and-refugees/2289/|url-status=dead}} This provision was omitted from the final order. Rex Tillerson, Trump's secretary of state, had not yet taken office at the time the executive order went into effect.{{cite news|url=http://www.washingtontimes.com/news/2017/jan/30/chuck-schumer-wants-delay-rex-tillerson-vote-possi|date=February 1, 2017|title=Chuck Schumer wants delay on Rex Tillerson vote, possibly other nominees, after executive order|first=Sherfinski|last=David|newspaper=The Washington Times|access-date=February 3, 2017|archive-date=November 24, 2020|archive-url=https://web.archive.org/web/20201124015041/https://www.washingtontimes.com/news/2017/jan/30/chuck-schumer-wants-delay-rex-tillerson-vote-possi/|url-status=live}}
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 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.{{cite news|url=https://www.reuters.com/article/us-usa-trump-syria-safezones-idUSKBN1592O8|title=Trump says he will order 'safe zones' for Syria|date=January 25, 2017|access-date=July 1, 2017|archive-date=January 28, 2021|archive-url=https://web.archive.org/web/20210128083602/https://www.reuters.com/article/us-usa-trump-syria-safezones-idUSKBN1592O8|url-status=live}}
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 al-Assad 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, [http://bigstory.ap.org/article/39f1f8e4ceed4a30a4570f693291c866/dhs-intel-report-disputes-threat-posed-travel-ban-nations AP Exclusive: DHS report disputes threat from banned nations] {{Webarchive|url=https://web.archive.org/web/20170507223031/http://bigstory.ap.org/article/39f1f8e4ceed4a30a4570f693291c866/dhs-intel-report-disputes-threat-posed-travel-ban-nations |date=May 7, 2017 }}, Associated Press (February 24, 2017). An internal report compiled by the U.S. Department of Homeland Security 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). [https://www.nytimes.com/2017/02/25/us/politics/travel-ban-nations-terror-risk.html People From 7 Travel-Ban Nations Pose No Increased Terror Risk, Report Says] {{Webarchive|url=https://web.archive.org/web/20201122002559/https://www.nytimes.com/2017/02/25/us/politics/travel-ban-nations-terror-risk.html |date=November 22, 2020 }}, The New York Times. [https://web.archive.org/web/20191014034900/https://www.washingtonpost.com/politics/2019/09/26/trumps-muslim-ban-really-was-muslim-ban-thats-what-data-suggest/ 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 "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, [https://www.nytimes.com/2017/01/28/us/politics/a-sweeping-order-unlikely-to-reduce-terrorist-threat.html "Immigration Ban Is Unlikely to Reduce Terrorist Threat, Experts Say"] {{Webarchive|url=https://web.archive.org/web/20210214070655/https://www.nytimes.com/2017/01/28/us/politics/a-sweeping-order-unlikely-to-reduce-terrorist-threat.html |date=February 14, 2021 }}, The New York Times (January 28, 2017). Experts on terrorism, such as Charles Kurzman of the University of North Carolina, Brian Michael Jenkins of the RAND Corporation, and Daniel Benjamin of Dartmouth College, 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 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."{{cite web|last1=Jenkins|first1=Brian Michael|author-link=Brian Michael Jenkins|title=Why a Travel Restriction Won't Stop Terrorism at Home|url=http://www.rand.org/blog/2017/02/why-a-travel-restriction-wont-stop-terrorism-at-home.html|website=The RAND Blog|publisher=RAND Corporation|access-date=March 22, 2017|date=February 10, 2017|archive-date=March 23, 2017|archive-url=https://web.archive.org/web/20170323054110/http://www.rand.org/blog/2017/02/why-a-travel-restriction-wont-stop-terrorism-at-home.html|url-status=live}} 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, the seven countries in the executive order had a "random quality"; the list excluded Saudi Arabia and Egypt (where many jihadist groups were founded) and Pakistan and Afghanistan (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 of the conservative Foundation for Defense of Democracies 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.{{Cite journal|last1=Masterson|first1=Daniel|last2=Yasenov|first2=Vasil|date=2021|title=Does Halting Refugee Resettlement Reduce Crime? Evidence from the US Refugee Ban|journal=American Political Science Review|volume=115|issue=3|pages=1066–1073|language=en|doi=10.1017/S0003055421000150|issn=0003-0554|doi-access=free}}
=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.{{cite news |last1=Jorgensen |first1=Sarah |title=Syrian Christian family, visas in hand, turned back at airport |url=http://www.cnn.com/2017/01/28/us/syrian-family-trump-travel-ban/ |access-date=January 29, 2017 |publisher=CNN |date=January 29, 2017 |archive-date=January 29, 2017 |archive-url=https://web.archive.org/web/20170129031642/http://www.cnn.com/2017/01/28/us/syrian-family-trump-travel-ban/ |url-status=live }}
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.{{cite news|url=http://www.cnn.com/2017/01/28/politics/donald-trump-executive-order-immigration-reaction/index.html|title=Trump's immigration ban sends shockwaves|first1=Jeremy|last1=Diamond|first2=Steve|last2=Almasy|publisher=CNN|access-date=January 29, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201203043/http://www.cnn.com/2017/01/28/politics/donald-trump-executive-order-immigration-reaction/index.html|url-status=live}} Several people already on planes flying to the U.S. at the time the order was signed were detained on arrival.{{cite news|title=Trump executive order: Refugees detained at US airports|work=BBC News|date=January 28, 2017|url=https://www.bbc.co.uk/news/world-us-canada-38783512|access-date=January 28, 2017|archive-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128162045/http://www.bbc.co.uk/news/world-us-canada-38783512|url-status=live}} On January 28 the American Civil Liberties Union (ACLU) estimated that there were 100 to 200 people being detained in U.S. airports,{{cite news|url=https://www.theguardian.com/us-news/2017/jan/28/federal-judge-stays-deportations-trump-muslim-executive-order|title=Federal judge stays deportations under Trump Muslim country travel ban|first=Raya Jalabi Alan|last=Yuhas|date=January 28, 2017|access-date=January 29, 2017|newspaper=The Guardian|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129025235/https://www.theguardian.com/us-news/2017/jan/28/federal-judge-stays-deportations-trump-muslim-executive-order|url-status=live}} and hundreds were barred from boarding U.S.-bound flights.{{cite news|url=https://abcnews.go.com/Politics/detained-york-airport-cairo-wake-trumps-executive-order/story?id=45109972|title=Protests Spread at Airports Nationwide Over Trump's Executive Order|work=ABC News|date=January 28, 2017|access-date=June 28, 2020|archive-date=December 17, 2020|archive-url=https://web.archive.org/web/20201217113852/https://abcnews.go.com/Politics/detained-york-airport-cairo-wake-trumps-executive-order/story?id=45109972|url-status=live}} About 60 legal permanent residents were reported as detained at Dulles International Airport near Washington, D.C.{{Cite news|url=https://www.bloomberg.com/politics/articles/2017-01-29/u-s-entry-ban-from-seven-muslim-countries-causing-alarm-anger|title=Judges Block Parts of Trump's Order on Muslim Nation Immigration|last1=Wadhams|first1=Nick|date=January 29, 2017|last2=Sink|first2=Justin|publisher=Bloomberg News|last3=Palmeri|first3=Christopher|last4=Van Voris|first4=Bob|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129041458/https://www.bloomberg.com/politics/articles/2017-01-29/u-s-entry-ban-from-seven-muslim-countries-causing-alarm-anger|url-status=live}} Travelers were also detained at O'Hare International Airport without access to their cellphones and unable to access legal assistance.{{cite news|last1=St. Clair|first1=Stacy|last2=Wong|first2=Grace|title=Chicago-area lawyers flock to O'Hare to help travelers held at airport|url=http://www.chicagotribune.com/news/local/breaking/ct-immigration-attorneys-ohare-detainees-20170129-story.html|access-date=February 5, 2017|newspaper=Chicago Tribune|date=January 29, 2017|archive-date=February 4, 2017|archive-url=https://web.archive.org/web/20170204134926/http://www.chicagotribune.com/news/local/breaking/ct-immigration-attorneys-ohare-detainees-20170129-story.html|url-status=live}} The Council on American-Islamic Relations (CAIR) offers free legal help to travelers 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.{{cite news|last1=Dickson|first1=Caitlin|title=Opponents of Trump's travel ban continue to mount airport defense of immigrants|url=https://www.yahoo.com/news/opponents-trumps-travel-ban-continue-mount-airport-defense-immigrants-232551164.html|work=Yahoo|date=June 6, 2017|access-date=June 7, 2017|archive-date=December 4, 2020|archive-url=https://web.archive.org/web/20201204181013/https://www.yahoo.com/news/opponents-trumps-travel-ban-continue-mount-airport-defense-immigrants-232551164.html|url-status=live}} 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.{{cite web |url=https://www.dhs.gov/news/2017/01/29/department-homeland-security-response-recent-litigation |title=Department of Homeland Security Response To Recent Litigation |publisher=United States Department of Homeland Security |date=January 29, 2017 |access-date=January 29, 2017 |archive-date=January 29, 2021 |archive-url=https://web.archive.org/web/20210129031947/https://www.dhs.gov/news/2017/01/29/department-homeland-security-response-recent-litigation |url-status=live }} By January 29 DHS estimated that 375 travelers had been affected with 109 travelers in transit and another 173 prevented from boarding flights.{{cite news|url=https://www.reuters.com/article/us-usa-trump-immigration-chaos-idUSKBN15C0LD|title=Chaos, anger as Trump order halts some Muslim immigrants|last1=Torbati|first1=Yeganeh|date=January 29, 2017|work=Reuters|last2=Mason|first2=Jeff|last3=Rosenberg|first3=Mica|access-date=January 29, 2017|archive-date=December 17, 2020|archive-url=https://web.archive.org/web/20201217114909/https://www.reuters.com/article/us-usa-trump-immigration-chaos-idUSKBN15C0LD|url-status=live}} In some airports there were reports that Border Patrol agents were requesting access to travelers' social media accounts.{{cite web|url=https://www.theverge.com/2017/1/30/14438280/trump-border-agents-search-social-media-instagram|title=Trump's executive order spurs Facebook and Twitter checks at the border|last=Brandom|first=Russell|date=January 30, 2017|website=The Verge|access-date=January 30, 2017|archive-date=January 30, 2017|archive-url=https://web.archive.org/web/20170130153107/http://www.theverge.com/2017/1/30/14438280/trump-border-agents-search-social-media-instagram|url-status=live}}
On February, 3 attorneys for the DOJ's Office of Immigration Litigation 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.{{cite news|url=http://www.cnn.com/2017/02/03/politics/over-100000-visas-revoked-government-lawyer-says-in-virginia-court/index.html|title=Over 100,000 visas revoked, government lawyer says in Virginia court|first=Laura|last=Jarrett|publisher=CNN|access-date=February 4, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203231953/http://www.cnn.com/2017/02/03/politics/over-100000-visas-revoked-government-lawyer-says-in-virginia-court/index.html|url-status=live}} 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.{{cite news|first=Alicia A.|last=Caldwell|url=https://abcnews.go.com/Politics/wireStory/state-fewer-60000-visas-revoked-order-45252637|title=State Says Fewer Than 60,000 Visas Revoked Under Order|work=ABC News|agency=Associated Press|date=February 3, 2017|access-date=February 3, 2017|archive-date=February 4, 2017|archive-url=https://web.archive.org/web/20170204170409/http://abcnews.go.com/Politics/wireStory/state-fewer-60000-visas-revoked-order-45252637|url-status=live}}{{cite news|title=State Dept: Fewer than 60,000 Visas Canceled by Trump Order|url=https://www.foxnews.com/politics/state-dept-fewer-than-60000-visas-canceled-by-trump-order|date=February 3, 2017|publisher=Fox News|access-date=February 3, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203213439/http://www.foxnews.com/politics/2017/02/03/state-dept-fewer-than-60000-visas-canceled-by-trump-order.html|url-status=live}}
=Number of affected people=
On January 30, Trump said on Twitter "Only 109 people ... were detained and held for questioning";{{cite news |author=Glenn Kessler |url=https://www.washingtonpost.com/news/fact-checker/wp/2017/01/30/the-number-of-people-affected-by-trumps-travel-ban-about-90000/ |title=The number of people affected by Trump's travel ban: About 90,000 |work=The Washington Post Fact Checker blog |date=January 30, 2017 |author-link=Glenn Kessler (journalist) |access-date=January 31, 2017 |archive-date=February 1, 2021 |archive-url=https://web.archive.org/web/20210201123557/https://www.washingtonpost.com/news/fact-checker/wp/2017/01/30/the-number-of-people-affected-by-trumps-travel-ban-about-90000/ |url-status=live }} 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.{{cite news |author=Ron Nixon |title=More People Were Affected by Travel Ban Than Trump Initially Said |url=https://www.nytimes.com/2017/01/31/us/politics/trump-ban-immigrants-refugees.html |newspaper=The New York Times |date=January 31, 2017 |access-date=February 1, 2017 |archive-date=January 29, 2021 |archive-url=https://web.archive.org/web/20210129172739/https://www.nytimes.com/2017/01/31/us/politics/trump-ban-immigrants-refugees.html |url-status=live }} 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.{{Cite web|url=https://www.washingtonpost.com/news/post-nation/wp/2017/02/24/the-government-now-says-746-people-were-held-due-to-the-travel-ban-heres-why-that-number-keeps-changing/|title=The government now says 746 people were held due to the travel ban. Here's why that number keeps changing.|last=Zapotosky|first=Matt|date=February 24, 2017|newspaper=The Washington Post|access-date=February 26, 2017|archive-date=February 26, 2017|archive-url=https://web.archive.org/web/20170226045638/https://www.washingtonpost.com/news/post-nation/wp/2017/02/24/the-government-now-says-746-people-were-held-due-to-the-travel-ban-heres-why-that-number-keeps-changing/|url-status=live}} Detentions continued at Chicago's O'Hare airport on January 30.{{Cite news|url=http://www.chicagotribune.com/news/local/breaking/ct-immigration-ban-ohare-0131-20170130-story.html|title=Up to 50 held at O'Hare on Monday for Trump immigration ban|last1=St. Clair|first1=Stacy|date=January 31, 2017|newspaper=Chicago Tribune|last2=Moreno|first2=Nereida|access-date=February 26, 2017|archive-date=April 25, 2019|archive-url=https://web.archive.org/web/20190425074125/https://www.chicagotribune.com/news/local/breaking/ct-immigration-ban-ohare-0131-20170130-story.html|url-status=live}}
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."{{cite news |author1=Anjali Singhvi |author2=Alicia Parlapiano |url=https://www.nytimes.com/interactive/2017/01/31/us/politics/trump-immigration-ban-groups.html |date=January 31, 2017 |title=Trump's Immigration Ban: Who Is Barred and Who Is Not |newspaper=The New York Times |access-date=February 1, 2017 |archive-date=November 19, 2020 |archive-url=https://web.archive.org/web/20201119124346/https://www.nytimes.com/interactive/2017/01/31/us/politics/trump-immigration-ban-groups.html |url-status=live }} 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.{{cite news|url=https://www.washingtonpost.com/news/fact-checker/wp/2017/01/30/the-number-of-people-affected-by-trumps-travel-ban-about-90000/|title=Fact check: White House claims 109 affected by travel ban - it's more like 90,000|first=Glenn|last=Kessler|author-link=Glenn Kessler (journalist)|newspaper=The Washington Post Fact Checker blog|date=January 30, 2017|access-date=January 31, 2017|archive-date=February 1, 2021|archive-url=https://web.archive.org/web/20210201123557/https://www.washingtonpost.com/news/fact-checker/wp/2017/01/30/the-number-of-people-affected-by-trumps-travel-ban-about-90000/|url-status=live}} 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); "[i]n 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.{{cite news|url=https://www.nytimes.com/interactive/2017/02/26/us/trump-refugees-muslim.html|title=Muslim Refugees Were Admitted at a Lower Rate During Trump's Refugee Ban|date=February 26, 2017|newspaper=The New York Times|first1=Audrey|last1=Carlsen|first2=K.K. Rebecca|last2=Lai|first3=Adam|last3=Pierce|access-date=February 27, 2017|archive-date=January 30, 2021|archive-url=https://web.archive.org/web/20210130120415/https://www.nytimes.com/interactive/2017/02/26/us/trump-refugees-muslim.html|url-status=live}}
=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 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."{{cite news|title=Trump executive order prompts Google to recall staff|work=BBC News|date=January 28, 2017|url=https://www.bbc.co.uk/news/world-us-canada-38781420|access-date=January 28, 2017|archive-date=April 9, 2019|archive-url=https://web.archive.org/web/20190409081236/https://www.bbc.co.uk/news/world-us-canada-38781420|url-status=live}}{{cite news |title=Google recalling staff from abroad following Trump's immigration ban |newspaper=The Independent |date=January 28, 2017 |url=https://www.independent.co.uk/news/world/americas/donald-trump-muslim-ban-google-recalls-staff-immigration-facebook-mark-zuckerberg-tech-silicon-a7550876.html |last=Worley |first=Will |access-date=January 28, 2017 |archive-date=July 8, 2018 |archive-url=https://web.archive.org/web/20180708165311/https://www.independent.co.uk/news/world/americas/donald-trump-muslim-ban-google-recalls-staff-immigration-facebook-mark-zuckerberg-tech-silicon-a7550876.html |url-status=live }} Amazon.com Inc., citing disruption in travel for its employees, and Expedia Inc., citing impact to its customers and refund costs, filed declarations in support of the states of Washington and Minnesota in their case against the executive order, State of Washington v. Trump.{{cite news|url=https://money.cnn.com/2017/01/31/news/economy/trump-travel-ban-amazon-expedia/index.html|title=Amazon, Expedia back lawsuit opposing Trump travel ban|last=Isidore|first=Chris|date=January 31, 2017|publisher=CNNMoney|access-date=February 5, 2017|archive-date=February 5, 2017|archive-url=https://web.archive.org/web/20170205063233/http://money.cnn.com/2017/01/31/news/economy/trump-travel-ban-amazon-expedia/index.html|url-status=live}}
However, Committee for Economic Development CEO Steve Odland{{cite web |title=CED People: Steve Odland |url=https://www.ced.org/people/single/steve-odland |website=Center for Economic Development |access-date=February 7, 2017 |archive-date=February 11, 2017 |archive-url=https://web.archive.org/web/20170211075300/https://www.ced.org/people/single/steve-odland |url-status=live }} 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.{{cite news|url=https://blogs.wsj.com/cio/2017/01/31/trump-immigration-order-unlikely-to-affect-tech-hiring|title=Trump Immigration Order Unlikely to Affect Tech Hiring|last=Norton|first=Steven|access-date=February 2, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201230027/http://blogs.wsj.com/cio/2017/01/31/trump-immigration-order-unlikely-to-affect-tech-hiring/|url-status=live}}{{explain|date=February 2017}} 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".{{cite news|author=Staff|title=How Donald Trump's immigration edict will affect American tourism|url=https://www.economist.com/blogs/gulliver/2017/01/no-warm-welcome|publisher=The Economist Gulliver blog|date=January 30, 2017|access-date=July 13, 2017|archive-date=March 22, 2018|archive-url=https://web.archive.org/web/20180322130912/https://www.economist.com/blogs/gulliver/2017/01/no-warm-welcome|url-status=live}}{{cite news |url=https://www.telegraph.co.uk/travel/destinations/north-america/united-states/articles/trump-travel-ban-has-casts-a-shadow-over-us-tourism |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/travel/destinations/north-america/united-states/articles/trump-travel-ban-has-casts-a-shadow-over-us-tourism |archive-date=January 12, 2022 |url-access=subscription |url-status=live|title=Trump's travel ban threatens to derail US tourism - while other nations stand to benefit|newspaper=The Daily Telegraph}}{{cbignore}}{{cite news|url=https://thehill.com/policy/transportation/317003-trumps-travel-ban-could-hamper-us-tourism-business/|title=Trump's travel ban could hamper US tourism, business|first=Melanie|last=Zanona|date=January 31, 2017|newspaper=The Hill|access-date=April 16, 2024|archive-date=August 29, 2024|archive-url=https://web.archive.org/web/20240829135338/https://thehill.com/policy/transportation/317003-trumps-travel-ban-could-hamper-us-tourism-business/|url-status=live}}
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 $1.47 (~${{Format price|{{Inflation|index=US-GDP|value=1470000000000|start_year=2014}}}} in {{Inflation/year|US-GDP}}) trillion to the country's GDP in 2014. As reported by Frommer's, 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.Frommer, Arthur (February 2017). [http://www.frommers.com/tips/miscellaneous/the-travel-press-is-reporting-the-trump-slump-a-devastating-drop-in-tourism-to-the-united-states#.WK56fe1Dn7W.facebook "The Travel Press is Reporting the 'Trump Slump,' a Devastating Drop in Tourism to the United States"] {{Webarchive|url=https://web.archive.org/web/20210128042308/https://www.frommers.com/tips/miscellaneous/the-travel-press-is-reporting-the-trump-slump-a-devastating-drop-in-tourism-to-the-united-states#.WK56fe1Dn7W.facebook |date=January 28, 2021 }}. Frommer's. Retrieved February 24, 2017. Economic Research Firm Oxford Economics found that Los Angeles County could lose 800,000 visitors—who would otherwise account for $736 million (~${{Format price|{{Inflation|index=US-GDP|value=736000000|start_year=2017}}}} in {{Inflation/year|US-GDP}}) in tourism spending— as a direct result of the ban.{{cite news|url=https://www.nytimes.com/2017/02/20/travel/after-travel-ban-declining-interest-trips-to-united-states.html|title=After travel ban, interest in trips to U.S. declines|date=February 20, 2017|first=Shivani|last=Vora|newspaper=The New York Times|access-date=March 5, 2017|archive-date=October 22, 2018|archive-url=https://web.archive.org/web/20181022033817/https://www.nytimes.com/2017/02/20/travel/after-travel-ban-declining-interest-trips-to-united-states.html|url-status=live}}
=Travelers and patients=
According to Trita Parsi, the president of the National Iranian American Council, 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.{{cite news|url=https://www.nytimes.com/2017/01/27/world/middleeast/trump-visa-muslim-ban.html|title=In Iran, Shock and Bewilderment Over Trump Visa Crackdown|first1=Thomas|last1=Erdbrink|first2=Jeffrey|last2=Gettleman|author2-link=Jeffrey Gettleman|date=January 27, 2017|newspaper=The New York Times|access-date=January 28, 2017|archive-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128035457/https://www.nytimes.com/2017/01/27/world/middleeast/trump-visa-muslim-ban.html|url-status=live}}
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.{{Cite news|url=https://www.nytimes.com/2017/02/06/health/trump-travel-ban-doctors.html|title=Trump's Travel Ban, Aimed at Terrorists, Has Blocked Doctors|last=McNeil Jr|first=Donald G.|author-link=Donald McNeil Jr.|date=February 6, 2017|newspaper=The New York Times|access-date=February 7, 2017|archive-date=October 22, 2018|archive-url=https://web.archive.org/web/20181022033823/https://www.nytimes.com/2017/02/06/health/trump-travel-ban-doctors.html|url-status=live}} According to an analysis by a Harvard Medical School 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.{{cite news|url=https://fivethirtyeight.com/features/trumps-immigration-order-could-make-it-harder-to-find-a-psychiatrist-or-pediatrician/|title=Trump's Immigration Order Could Make It Harder To Find A Psychiatrist Or Pediatrician|last=Jena|first=Anupam B.|author2=Andrew Olenski|author3=Daniel M. Blumenthal|author4=Dhruv Khullar|date=February 3, 2017|work=FiveThirtyEight|access-date=February 4, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203172131/https://fivethirtyeight.com/features/trumps-immigration-order-could-make-it-harder-to-find-a-psychiatrist-or-pediatrician/|url-status=live}} 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.{{Cite web|url=https://www.forbes.com/sites/marikosilver/2018/07/07/travel-ban-hurts-u-s-college-students-too/|title=Travel Ban Hurts U.S. College Students Too|last=Silver|first=Mariko|website=Forbes|language=en|access-date=May 1, 2019|archive-date=May 1, 2019|archive-url=https://web.archive.org/web/20190501015232/https://www.forbes.com/sites/marikosilver/2018/07/07/travel-ban-hurts-u-s-college-students-too/|url-status=live}} 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.{{Cite web|url=https://www.nyu.edu/students/communities-and-groups/students-affected-january-2017-executive-order.html|title=Students Affected by Travel Ban Executive Order|date=June 26, 2018|website=New York University|access-date=May 1, 2019|archive-date=November 28, 2020|archive-url=https://web.archive.org/web/20201128023909/http://www.nyu.edu/students/communities-and-groups/students-affected-january-2017-executive-order.html|url-status=live}} Many university administrators believe that due to President Trump's view on immigration, students abroad have become reluctant to study in the United States.{{Cite news|url=https://www.nytimes.com/2018/01/02/us/international-enrollment-drop.html|title=As Flow of Foreign Students Wanes, U.S. Universities Feel the Sting|last=Saul|first=Stephanie|date=January 2, 2018|work=The New York Times|access-date=May 1, 2019|language=en-US|issn=0362-4331|archive-date=May 1, 2019|archive-url=https://web.archive.org/web/20190501015237/https://www.nytimes.com/2018/01/02/us/international-enrollment-drop.html|url-status=live}}
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.{{Cite web|url=https://abcnews.go.com/Politics/supreme-court-decision-uphold-travel-ban-anxiety-uncertainty/story?id=56326492|title=Supreme Court travel ban ruling causes fear for international students: Advocates|website=ABC News|language=en|access-date=May 1, 2019|archive-date=July 8, 2018|archive-url=https://web.archive.org/web/20180708113303/https://abcnews.go.com/Politics/supreme-court-decision-uphold-travel-ban-anxiety-uncertainty/story?id=56326492|url-status=live}}
Timeline
Reactions
{{Main|Reactions to Executive Order 13769}}
File:Trump 'It's not a Muslim ban'.webm)]]
Democrats "were nearly united in their condemnation" of the policy{{cite news|url=https://www.nytimes.com/2017/01/29/us/politics/republicans-congress-trump-refugees.html|title=Some Top Republicans in Congress Criticize Trump's Refugee Policy|last=Fandos|first=Nicholas|newspaper=The New York Times|date=January 29, 2017|access-date=January 29, 2017|archive-date=February 26, 2019|archive-url=https://web.archive.org/web/20190226215200/https://www.nytimes.com/2017/01/29/us/politics/republicans-congress-trump-refugees.html|url-status=live}} with opposition from Senate minority leader Charles Schumer (D-NY),{{cite news|last1=Owen|first1=Paul|last2=Siddiqui|first2=Sabrina|title=US refugee ban: Trump decried for 'stomping on' American values|newspaper=The Guardian|date=January 28, 2017|url=https://www.theguardian.com/us-news/2017/jan/27/trump-immigration-plan-refugees-vetting-reaction|access-date=January 28, 2017|archive-date=April 14, 2019|archive-url=https://web.archive.org/web/20190414223333/https://www.theguardian.com/us-news/2017/jan/27/trump-immigration-plan-refugees-vetting-reaction|url-status=live}} senators Bernie Sanders (I-VT){{cite news |last=Greenwood|first=Max|title=Sanders: Trump 'fostering hatred' with refugee ban|website=The Hill |date=January 28, 2017|url=https://thehill.com/blogs/blog-briefing-room/news/316679-sanders-trump-refugee-order-plays-into-the-hands-of-fanatics/|access-date=January 28, 2017}} and Kamala Harris (D-CA),{{cite news|last=Timm|first=Jane C.|title=Advocacy, Aid Groups Condemn Trump Order as 'Muslim Ban'|url=https://www.nbcnews.com/news/us-news/advocacy-aid-groups-condemn-trump-s-muslim-ban-order-n713511|work=NBC News|date=January 28, 2017|access-date=January 28, 2017|archive-date=September 30, 2018|archive-url=https://web.archive.org/web/20180930081528/https://www.nbcnews.com/news/us-news/advocacy-aid-groups-condemn-trump-s-muslim-ban-order-n713511|url-status=live}} former U.S. secretaries of state Madeleine Albright and Hillary Clinton,{{cite web|url=http://www.businessinsider.com/hillary-clinton-on-trump-immigration-ban-not-who-we-are-2017-1|title=Hillary Clinton: 'This is not who we are'|last=Jacobs|first=Harrison|website=Business Insider|date=January 28, 2017|access-date=January 29, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319203017/https://www.businessinsider.com/hillary-clinton-on-trump-immigration-ban-not-who-we-are-2017-1|url-status=live}} and former president Barack Obama.{{cite tweet |user=KLewis44 |author=Kevin Lewis |number=826150648425115648 |date=January 30, 2017 |title=Frm Pres @BarackObama is heartened by the level of engagement taking place in communities around the country. |access-date=January 30, 2017}} Some Republicans praised the order with Speaker of the House Paul Ryan 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.{{cite web|last1=Ryan|first1=Paul|author-link=Paul Ryan|title=Statement on President Trump's Executive Actions on National Security|url=http://www.speaker.gov/press-release/statement-president-trump-s-executive-action-national-security|website=Speaker.gov|publisher=United States House of Representatives|format=Press Release|date=January 27, 2017|access-date=January 28, 2017|archive-url=https://web.archive.org/web/20170128045417/http://www.speaker.gov/press-release/statement-president-trump-s-executive-action-national-security|archive-date=January 28, 2017|url-status=dead}} However, some top Republicans in Congress criticized the order. A statement from senators John McCain and Lindsey Graham 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".{{Cite news|url=https://www.telegraph.co.uk/news/2017/01/29/donald-trumps-ban-refugees-us-president-insists-policy-not-against |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/01/29/donald-trumps-ban-refugees-us-president-insists-policy-not-against |archive-date=January 12, 2022 |url-access=subscription |url-status=live|title=Donald Trump's ban on Muslims: Global backlash as ministers told to fight for British citizens' rights - but president is defiant|last1=Sabur|first1=Rozina|date=January 29, 2017|newspaper=The Daily Telegraph|last2=Swinford|first2=Steven|access-date=January 29, 2017}}{{cbignore}} Senator Susan Collins also objected to the ban.{{cite news |url=https://www.sunjournal.com/2017/01/29/maines-senators-denounce-trumps-ban-immigration-7-muslim-countries/ |title=Maine's senators denounce Trump's ban on immigration from 7 Muslim countries |last=Collins |first=Steve |newspaper=Sun Journal |location=Lewiston, Maine |date=January 28, 2017 |access-date=March 19, 2021 |archive-date=March 19, 2021 |archive-url=https://web.archive.org/web/20210319215142/https://www.sunjournal.com/2017/01/29/maines-senators-denounce-trumps-ban-immigration-7-muslim-countries/ |url-status=live }} 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,{{cite news |author=Jeffrey Gettleman |url=https://www.nytimes.com/2017/01/31/world/americas/state-dept-dissent-cable-trump-immigration-order.html |title=State Dept. Dissent Cable on Trump's Ban Draws 1,000 Signatures |newspaper=The New York Times |date=January 31, 2017 |author-link=Jeffrey Gettleman |access-date=February 3, 2017 |archive-date=March 19, 2021 |archive-url=https://web.archive.org/web/20210319200322/https://www.nytimes.com/2017/01/31/world/americas/state-dept-dissent-cable-trump-immigration-order.html |url-status=live }}{{Cite news |url=http://www.cnn.com/2017/01/30/politics/career-diplomats-dissent-memo/ |title=State Department diplomats may oppose Trump order |author-last=Labott |author-first=Elise |date=January 30, 2017 |publisher=CNN |access-date=January 30, 2017 |archive-date=March 19, 2021 |archive-url=https://web.archive.org/web/20210319192303/https://www.cnn.com/2017/01/30/politics/career-diplomats-dissent-memo/ |url-status=live }}{{cite news |url=https://assets.documentcloud.org/documents/3438487/Dissent-Memo.pdf |title=Dissent Channel: Alternatives to closing doors in order to secure our borders |access-date=February 5, 2017 |archive-date=March 19, 2021 |archive-url=https://web.archive.org/web/20210319192058/https://assets.documentcloud.org/documents/3438487/Dissent-Memo.pdf |url-status=live }} in what is believed to be the largest number to ever sign on to a dissent cable.{{cite news|url=https://www.wsj.com/articles/state-department-dissent-believed-largest-ever-formally-lodged-1485908373|title=State Department Dissent, Believed Largest Ever, Formally Lodged|date=February 1, 2017|newspaper=The Wall Street Journal|author=Felicia Schwartz|access-date=February 3, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319193311/https://www.wsj.com/articles/state-department-dissent-believed-largest-ever-formally-lodged-1485908373|url-status=live}} Over 40 Nobel laureates, among many academics, also opposed the order.{{cite news|url=https://www.washingtonpost.com/news/grade-point/wp/2017/01/27/eleven-nobel-laureates-thousands-of-academics-sign-protest-of-trump-immigration-order|title=40 Nobel laureates, thousands of academics sign protest of Trump immigration order|last=Svrluga|first=Susan|date=January 28, 2017|newspaper=The Washington Post|access-date=January 29, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192751/https://www.washingtonpost.com/news/grade-point/wp/2017/01/27/eleven-nobel-laureates-thousands-of-academics-sign-protest-of-trump-immigration-order/|url-status=live}} 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.{{cite news|url=https://www.washingtonpost.com/news/politics/wp/2017/02/02/do-americans-support-trumps-immigration-action-depends-on-whos-asking-and-how|title=Do Americans support Trump's immigration action? Depends on who's asking, and how|last=Bump|first=Philip|date=February 2, 2017|newspaper=The Washington Post|access-date=February 3, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202210526/https://www.washingtonpost.com/news/politics/wp/2017/02/02/do-americans-support-trumps-immigration-action-depends-on-whos-asking-and-how/|url-status=live}}{{cite news|last=Shepard|first=Steven|url=http://www.politico.com/story/2017/02/trump-immigration-travel-ban-234816|title=Polls fuel both sides in travel ban fight|newspaper=Politico|access-date=February 9, 2017|archive-date=February 9, 2017|archive-url=https://web.archive.org/web/20170209031531/http://www.politico.com/story/2017/02/trump-immigration-travel-ban-234816|url-status=live}} Some critics accused the order of being a "Muslim ban" because the order only targeted Muslim-majority countries,{{cite news|url=https://www.nytimes.com/2017/03/06/opinion/president-trumps-muslim-ban-lite.html|title=President Trump's Muslim Ban Lite|author=Editorial|date=March 6, 2017|newspaper=The New York Times|access-date=May 8, 2017|archive-date=June 27, 2017|archive-url=https://web.archive.org/web/20170627173311/https://www.nytimes.com/2017/03/06/opinion/president-trumps-muslim-ban-lite.html|url-status=live}} because Trump's advisers called it a "Muslim ban",{{cite news|url=https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/|title=Trump asked for a 'Muslim ban,' Giuliani says - and ordered a commission to do it 'legally'|author=Wang|date=January 29, 2017|newspaper=The Washington Post|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129233559/https://www.washingtonpost.com/news/the-fix/wp/2017/01/29/trump-asked-for-a-muslim-ban-giuliani-says-and-ordered-a-commission-to-do-it-legally/|url-status=live}} and Trump himself equated the order to a Muslim ban on at least 12 occasions.{{Cite news|url=https://www.cato.org/blog/dozen-times-trump-equated-travel-ban-muslim-ban|title=A Dozen Times Trump Equated his Travel Ban with a Muslim Ban|date=August 14, 2017|work=Cato Institute|access-date=August 15, 2017|language=en|archive-date=August 15, 2017|archive-url=https://web.archive.org/web/20170815181459/https://www.cato.org/blog/dozen-times-trump-equated-travel-ban-muslim-ban|url-status=live}}
File:Most Foreign-born, US-based Violent Extremists Radicalized after Entering Homeland.pdf
The order prompted broad condemnation from the international community including longstanding U.S. allies{{cite news|url=https://www.reuters.com/article/us-usa-trump-immigration-reaction-idUSKBN15D0QM|title=Global backlash grows against Trump's immigration order|work=Reuters|last2=Noueihed|first2=Lin|first1=Maher|last1=Chmaytelli|access-date=July 1, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192316/https://www.reuters.com/article/us-usa-trump-immigration-reaction-idUSKBN15D0QM|url-status=live}}{{cite news|url=https://www.usatoday.com/story/news/world/2017/01/29/trump-refugee-ban-world-reaction/97210964|title=World weighs in on Trump ban with rebukes and praise|last=Hjelmgaard|first=Kim|date=January 29, 2017|newspaper=USA Today|access-date=August 27, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192732/https://www.usatoday.com/story/news/world/2017/01/29/trump-refugee-ban-world-reaction/97210964/|url-status=live}} and the United Nations.{{cite news|url=https://www.nytimes.com/2017/02/01/world/trump-immigration-ban-un.html|title=U.N. Leader Says Trump Visa Bans 'Violate Our Basic Principles'|last=Sengupta|first=Somini|date=February 1, 2017|newspaper=The New York Times|access-date=February 2, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319200318/https://www.nytimes.com/2017/02/01/world/trump-immigration-ban-un.html|url-status=live}}{{cite news|url=http://reuters.com/article/usa-trump-immigration-un-idINKBN15E1SV|title=U.N. rights chief says Trump's travel ban is illegal|date=January 30, 2017|work=Reuters|access-date=February 2, 2017|archive-date=July 3, 2018|archive-url=https://web.archive.org/web/20180703134805/https://www.reuters.com/article/usa-trump-immigration-un-idINKBN15E1SV|url-status=live}} Canadian prime minister Justin Trudeau stated that Canada would continue to welcome refugees regardless of their faith.{{cite news |url=https://www.washingtonpost.com/news/worldviews/wp/2017/01/28/heres-how-the-world-is-responding-to-trumps-ban-on-refugees-travelers-from-7-muslim-nations/ |title=Here's how the world is responding to Trump's ban on refugees, travelers from 7 Muslim nations |last=Erickson |first=Amanda |date=January 28, 2017 |newspaper=The Washington Post |access-date=January 29, 2017 |archive-date=December 19, 2018 |archive-url=https://web.archive.org/web/20181219163413/https://www.washingtonpost.com/news/worldviews/wp/2017/01/28/heres-how-the-world-is-responding-to-trumps-ban-on-refugees-travelers-from-7-muslim-nations/ |url-status=live }} British prime minister Theresa May 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",{{cite news |last1=Oliphant|first1=Roland|last2=Sherlock|first2=Ruth|title=Donald Trump bans citizens of seven muslim majority countries as visa-holding travellers are turned away from US borders|newspaper=The Daily Telegraph |date=January 28, 2017|url=https://www.telegraph.co.uk/news/2017/01/28/unhcr-speaks-donald-trump-suspends-us-refugee-program |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/01/28/unhcr-speaks-donald-trump-suspends-us-refugee-program |archive-date=January 12, 2022 |url-access=subscription |url-status=live|access-date=January 28, 2017|quote=She proceeded to praise Britain's record on refugees, but avoided commenting on US policy.}}{{cbignore}}{{cite news|title=Theresa May fails to condemn Donald Trump on refugees|work=BBC News|date=January 28, 2017|url=https://www.bbc.co.uk/news/uk-38784199|access-date=January 28, 2017|quote=Prime Minister Theresa May has been criticised for refusing to condemn President Donald Trump's ban on refugees entering the US ... But when pressed for an answer on Donald Trump's controversial refugee ban she first of all, uncomfortably, avoided the question. Then on the third time of asking she would only say that on the United States policy on refugees it was for the US|archive-date=November 25, 2018|archive-url=https://web.archive.org/web/20181125061129/https://www.bbc.co.uk/news/uk-38784199|url-status=live}}{{cite news |title= Donald Trump petition: MPs to debate whether UK state visit should go ahead as more than 1.5m call for it to be cancelled|url=https://www.telegraph.co.uk/news/2017/01/29/petition-calling-donald-trumps-state-visit-uk-cancelled-gets |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/01/29/petition-calling-donald-trumps-state-visit-uk-cancelled-gets |archive-date=January 12, 2022 |url-access=subscription |url-status=live|editor-first=Steven|editor-last=Swinford|first=Ben|last=Farmer|date=January 29, 2017 |newspaper=The Daily Telegraph |access-date=January 29, 2017}}{{cbignore}} but said she "did not agree" with the approach.{{cite news|url=https://www.independent.co.uk/news/uk/politics/theresa-may-donald-trump-refugee-migrant-ban-immigration-us-america-executive-order-prime-minister-a7551531.html|title=Theresa May finally passes judgment on Donald Trump's immigration ban|date=January 29, 2017|newspaper=The Independent|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129012145/http://www.independent.co.uk/news/uk/politics/theresa-may-donald-trump-refugee-migrant-ban-immigration-us-america-executive-order-prime-minister-a7551531.html|url-status=live}} France, Germany and Turkey condemned the order.{{cite news|title=Trump's refugee and travel suspension: World reacts|work=BBC News|date=January 28, 2017|url=https://www.bbc.co.uk/news/world-us-canada-38781973|access-date=January 28, 2017|archive-date=November 7, 2018|archive-url=https://web.archive.org/web/20181107035702/https://www.bbc.co.uk/news/world-us-canada-38781973|url-status=live}}{{cite news|last=Knecht|first=Eric|title=Trump bars door to refugees, visitors from seven mainly Muslim nations|work=Reuters|date=January 28, 2017|url=https://www.reuters.com/article/us-usa-trump-refugees-idUSKBN15B2HL|access-date=January 28, 2017|archive-date=March 25, 2019|archive-url=https://web.archive.org/web/20190325093159/https://www.reuters.com/article/us-usa-trump-refugees-idUSKBN15B2HL|url-status=live}}"[https://www.independent.co.uk/news/uk/politics/theresa-may-donald-trump-immigration-ban-muslim-turkey-refugee-refuses-to-condemn-latest-a7551121.html Theresa May repeatedly refuses to condemn Donald Trump's immigration ban] {{Webarchive|url=https://web.archive.org/web/20200629205427/https://www.independent.co.uk/news/uk/politics/theresa-may-donald-trump-immigration-ban-muslim-turkey-refugee-refuses-to-condemn-latest-a7551121.html |date=June 29, 2020 }}". The Independent. January 28, 2017. Some media outlets said Australian prime minister Malcolm Turnbull avoided public comment on the order, with Turnbull saying it was "not my job" to criticize it.{{cite news|url=https://www.theguardian.com/australia-news/2017/jan/30/malcolm-turnbull-refuses-to-denounce-trumps-travel-ban|title=Malcolm Turnbull refuses to denounce Trump's travel ban|first=Paul|last=Karp|newspaper=The Guardian|date=January 30, 2017|access-date=January 3, 2017|archive-date=January 30, 2017|archive-url=https://web.archive.org/web/20170130051227/https://www.theguardian.com/australia-news/2017/jan/30/malcolm-turnbull-refuses-to-denounce-trumps-travel-ban|url-status=live}} However, Australian opinion soured after a tweet by Trump appeared to question a refugee deal already agreed by Turnbull and Obama.{{cite news|url=https://www.theguardian.com/australia-news/2017/feb/02/australia-struggling-to-save-refugee-agreement-after-trumps-fury-at-dumb-deal|title=Australia struggles to save refugee agreement after Trump's fury at 'dumb deal'|first1=Katharine|last1=Murphy|first2=Ben|last2=Doherty|newspaper=The Guardian|date=February 2, 2017|access-date=February 2, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202065708/https://www.theguardian.com/australia-news/2017/feb/02/australia-struggling-to-save-refugee-agreement-after-trumps-fury-at-dumb-deal|url-status=live}} Iran's Ministry of Foreign Affairs characterized Trump's order as insulting to the Islamic world and counter-productive in the attempt to combat extremism.{{cite news |title=Statement of the Ministry of Foreign Affairs of the Islamic Republic of Iran|publisher=Iranian Ministry of Foreign Affairs|date=January 28, 2017|id=436947|url=http://en.mfa.ir/index.aspx?siteid=3&fkeyid=&siteid=3&fkeyid=&siteid=3&pageid=1997&newsview=436947|access-date=January 29, 2017|url-status=live|archive-url=https://web.archive.org/web/20170129151702/http://edition.cnn.com/2017/01/28/middleeast/iran-will-ban-us-citizens|archive-date=January 29, 2017}}{{cite news |title=Iran to take 'reciprocal measures' after Trump's immigration order|author-first1=Ralph|author-last1=Ellis|author-first2=Sara|author-last2=Mazloumsaki|author-first3=Artemis|author-last3=Moshtaghian|publisher=CNN|date=January 29, 2017|orig-year=2017-01-28|edition=updated|url=https://edition.cnn.com/2017/01/28/middleeast/iran-will-ban-us-citizens|access-date=January 29, 2017|url-status=live|archive-url=https://web.archive.org/web/20170129151718/http://en.mfa.ir/index.aspx?siteid=3&fkeyid=&siteid=3&fkeyid=&siteid=3&pageid=1997&newsview=436947 |archive-date=January 29, 2017}} The commander of the Iraqi Air Force said he is "worried and surprised", as the ban may affect Iraqi security forces members (such as Iraqi pilots being trained in US) who are on the front-lines of fighting ISIS terrorism. However, traditional US allies in the region were largely silent.{{cite news|url=http://bigstory.ap.org/article/9312a6ee1dcb429bae9b383bb1fc7338/ap-analysis-trump-travel-ban-risks-straining-mideast-ties|title=AP Analysis: Trump travel ban risks straining Mideast ties|publisher=Associated Press|access-date=February 5, 2017|archive-date=April 29, 2017|archive-url=https://web.archive.org/web/20170429072252/http://bigstory.ap.org/article/9312a6ee1dcb429bae9b383bb1fc7338/ap-analysis-trump-travel-ban-risks-straining-mideast-ties|url-status=live}} On February 1, the United Arab Emirates became the first Muslim-majority nation to back the order.{{cite news|title=UAE Becomes First Muslim-majority Country to Back Trump's Executive Order|url=http://www.haaretz.com/middle-east-news/1.769032|access-date=February 14, 2017|newspaper=Haaretz|date=February 1, 2017|archive-date=February 14, 2017|archive-url=https://web.archive.org/web/20170214082057/http://www.haaretz.com/middle-east-news/1.769032|url-status=live}}{{cite news|title=UAE says Trump travel ban an internal affair, most Muslims unaffected|url=http://in.reuters.com/article/usa-trump-immigration-emirates-idINKBN15G46F|access-date=February 14, 2017|work=Reuters|date=February 1, 2017|archive-date=March 1, 2017|archive-url=https://web.archive.org/web/20170301045842/http://in.reuters.com/article/usa-trump-immigration-emirates-idINKBN15G46F|url-status=dead}}
Some Catholic leaders condemned the ban and encouraged mercy and compassion towards refugees.{{cite news|url=https://www.independent.co.uk/news/world/americas/christian-leaders-donald-trump-muslim-ban-denounce-all-faiths-oppose-islam-refugees-catholic-a7553281.html|title=Christian leaders denounce Donald Trump 'Muslim ban'|date=January 30, 2017|access-date=February 2, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202133934/http://www.independent.co.uk/news/world/americas/christian-leaders-donald-trump-muslim-ban-denounce-all-faiths-oppose-islam-refugees-catholic-a7553281.html|url-status=live}}{{cite news|url=https://www.washingtonpost.com/news/acts-of-faith/wp/2017/01/30/some-of-the-u-s-s-most-important-catholic-leaders-are-condemning-trumps-travel-ban|title=Some of the U.S.'s most important Catholic leaders are condemning Trump's travel ban|access-date=February 2, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201161424/https://www.washingtonpost.com/news/acts-of-faith/wp/2017/01/30/some-of-the-u-s-s-most-important-catholic-leaders-are-condemning-trumps-travel-ban/|url-status=live}}{{cite news |url=http://www.catholicnews.com/services/englishnews/2017/trumps-action-banning-refugees-brings-outcry-from-us-church-leaders.cfm|archive-url=https://web.archive.org/web/20170130165211/http://www.catholicnews.com/services/englishnews/2017/trumps-action-banning-refugees-brings-outcry-from-us-church-leaders.cfm|url-status=dead|archive-date=January 30, 2017|title=Trump's action banning refugees brings outcry from U.S. church leaders|access-date=February 2, 2017}} The executive director of the Baptist Joint Committee for Religious Liberty, Amanda Tyler, stated that the executive order was "a back-door bar on Muslim refugees."{{Cite news|url=https://baptistnews.com/article/baptists-weigh-in-on-muslim-travel-ban|title=Baptists weigh in on Muslim travel ban|last=Allen|first=Bob|date=January 30, 2017|agency=Baptist News Global|access-date=February 2, 2017|archive-date=February 3, 2017|archive-url=https://web.archive.org/web/20170203080211/https://baptistnews.com/article/baptists-weigh-in-on-muslim-travel-ban/|url-status=live}} The director of the Alliance of Baptists, Paula Clayton Dempsey, urged support for U.S. resettlement of refugees. Members of the Southern Baptist Convention were largely supportive of the executive order. The Economist noted that the order was signed on International Holocaust Remembrance Day.{{cite news|author1=J.A.|title=Donald Trump gets tough on refugees|url=https://www.economist.com/blogs/democracyinamerica/2017/01/keep-your-huddled-masses-0|magazine=The Economist|date=January 28, 2017|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129003746/http://www.economist.com/blogs/democracyinamerica/2017/01/keep-your-huddled-masses-0|url-status=live}} This, as well as Trump's omission of any reference to Jews or anti-Semitism in his concurrent address for Holocaust Remembrance Day{{cite press release |title=Statement by the President on International Holocaust Remembrance Day|url=https://trumpwhitehouse.archives.gov/the-press-office/2017/01/27/statement-president-international-holocaust-remembrance-day |publisher=The White House, Office of the Press Secretary |date=January 27, 2017 |access-date=January 31, 2017}} and the ban's possible effect on Muslim refugees, led to condemnation from Jewish organizations, including the Anti-Defamation League, the HIAS, and J Street,{{cite news|url=http://www.cnn.com/2017/01/27/politics/trump-refugee-holocaust-remembrance-day/index.html|title=Jewish groups pan Trump for signing refugee ban on Holocaust Remembrance Day|last=Koran|first=Laura|date=January 28, 2017|publisher=CNN|access-date=February 14, 2017|archive-date=December 17, 2020|archive-url=https://web.archive.org/web/20201217120609/http://www.cnn.com/2017/01/27/politics/trump-refugee-holocaust-remembrance-day/index.html|url-status=live}} as well as some Holocaust survivors.{{cite news|url=http://www.haaretz.com/us-news/.premium-1.767553|title=Holocaust survivors respond to Trump's refugee ban with outrage, empathy|last=Fox-Belivacqua|first=Marisa|date=January 28, 2017|newspaper=Haaretz|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129005131/http://www.haaretz.com/us-news/.premium-1.767553|url-status=live}}
File:Iranian Revolution anniversary 2017 21.jpg, Iran, February 10, 2017]]
Polls found that a majority of Americans (55%) supported Trump's travel ban on visitors from six predominantly Muslim countries."[https://www.telegraph.co.uk/news/2017/02/10/americans-still-support-donald-trumps-immigration-ban-poll-shows/ Americans still support Donald Trump's immigration ban, poll shows] {{Webarchive|url=https://web.archive.org/web/20201125211733/https://www.telegraph.co.uk/news/2017/02/10/americans-still-support-donald-trumps-immigration-ban-poll-shows/ |date=November 25, 2020 }}". The Daily Telegraph. February 10, 2017. Other polls showed 34% of Britons would back similar restrictions in the UK."[https://news.sky.com/story/34-of-britons-would-back-trump-style-ban-in-uk-sky-poll-10749195 Third of Britons would back Trump-style ban in UK - Sky poll] {{Webarchive|url=https://web.archive.org/web/20201126132946/https://news.sky.com/story/34-of-britons-would-back-trump-style-ban-in-uk-sky-poll-10749195 |date=November 26, 2020 }}". Sky News. January 30, 2017. Some European far-right groups and politicians, such as Geert Wilders and French presidential candidate Marine Le Pen, applauded the executive order.{{cite news|first=Frank|last=Jordans|url=https://www.stripes.com/news/europe/european-leaders-oppose-trump-travel-ban-far-right-applauds-1.451520|title=European leaders oppose Trump travel ban, far right applauds|newspaper=Stars and Stripes|agency=Associated Press|date=January 29, 2017|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129175731/https://www.stripes.com/news/europe/european-leaders-oppose-trump-travel-ban-far-right-applauds-1.451520|url-status=live}}{{cite news|url=http://www.chicagotribune.com/news/nationworld/ct-donald-trump-visa-ban-world-leaders-react-20170129-story.html|title=European leaders oppose Trump travel ban; far right applauds|newspaper=Chicago Tribune|access-date=January 29, 2017|archive-date=April 23, 2019|archive-url=https://web.archive.org/web/20190423144430/https://www.chicagotribune.com/news/nationworld/ct-donald-trump-visa-ban-world-leaders-react-20170129-story.html|url-status=live}}{{cite news|url=http://www.cnn.com/2017/02/01/europe/marine-le-pen-interview-amanpour/index.html|title=French far-right leader Le Pen applauds Trump's travel ban|first=Angela|last=Dewan|publisher=CNN|access-date=February 2, 2017|archive-date=February 2, 2017|archive-url=https://web.archive.org/web/20170202015137/http://www.cnn.com/2017/02/01/europe/marine-le-pen-interview-amanpour/index.html|url-status=live}} Some "alt-right" groups, as well as white nationalists and the Ku Klux Klan also praised the executive order.{{cite news|url=http://www.huffingtonpost.com/entry/trump-kkk-white-nationalists-happy_us_5890edb7e4b0c90eff00a2a8|title=The KKK And Their Friends Are Overjoyed With President Trump's First 10 Days|date=January 31, 2017|work=The Huffington Post|access-date=February 1, 2017|archive-date=March 24, 2019|archive-url=https://web.archive.org/web/20190324104124/https://www.huffingtonpost.com/entry/trump-kkk-white-nationalists-happy_us_5890edb7e4b0c90eff00a2a8|url-status=live}}{{Cite news|url=http://www.dallasnews.com/news/politics/2017/01/28/day-trump-day-9-muslim-ban-fallout-first-calls-putin-merkel-abe|title=This Day in Trump, Day 9: Muslim ban fallout|last=Gillman|first=Todd J.|date=January 29, 2017|newspaper=The Dallas Morning News|access-date=February 1, 2017|archive-date=February 1, 2017|archive-url=https://web.archive.org/web/20170201000656/http://www.dallasnews.com/news/politics/2017/01/28/day-trump-day-9-muslim-ban-fallout-first-calls-putin-merkel-abe|url-status=live}}
Jihadist and Islamic terrorist 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."{{cite news |url=https://www.washingtonpost.com/world/national-security/jihadist-groups-hail-trumps-travel-ban-as-a-victory/2017/01/29/50908986-e66d-11e6-b82f-687d6e6a3e7c_story.html |title=Jihadist groups hail Trump's travel ban as a victory |last=Warrick |first=Joby |author-link=Joby Warrick |newspaper=The Washington Post |date=January 29, 2017 |access-date=February 4, 2017 |archive-date=February 2, 2017 |archive-url=https://web.archive.org/web/20170202234209/https://www.washingtonpost.com/world/national-security/jihadist-groups-hail-trumps-travel-ban-as-a-victory/2017/01/29/50908986-e66d-11e6-b82f-687d6e6a3e7c_story.html |url-status=live }} ISIS-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=
{{Main |2017 United States Donald Trump airport protests}}
{{See also |List of protests against Executive Order 13769}}
File:Trump Immigration Order Sparks Protests at NY Airport.webmhd.webm (report from Voice of America)]]
File:-NoMuslimBan (32597913875).jpg
The protests initially started in the JFK airport in New York and rapidly spread to other cities in the United States.{{Cite web|url=https://maketheroadny.org/protests-out-of-%c2%91nowhere%c2%92-five-lessons-from-the-organizers-behind-the-nobannowall-airport-protests/|title=Protests out of nowhere: Five lessons from the organizers behind the #NoBanNoWall airport protests|date=February 17, 2017|website=Make the Road New York|language=en-US|access-date=May 1, 2019|archive-date=April 30, 2019|archive-url=https://web.archive.org/web/20190430213900/https://maketheroadny.org/protests-out-of-%c2%91nowhere%c2%92-five-lessons-from-the-organizers-behind-the-nobannowall-airport-protests/|url-status=live}} 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 (D-MA) and U.S. Representative John Lewis (D-GA) joined protests in their own home states.{{cite news|url=https://www.usatoday.com/story/news/2017/01/28/warren-lewis-other-congressional-members-attend-trump-immigration-ban-protests/97207200|title=Warren, Lewis, headline Congressional members at Trump immigration ban protests|newspaper=USA Today|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129050555/http://www.usatoday.com/story/news/2017/01/28/warren-lewis-other-congressional-members-attend-trump-immigration-ban-protests/97207200/|url-status=live}} Google co-founder Sergey Brin (who emigrated to the United States with his family from the Soviet Union at the age of five)[https://www.independent.co.uk/opinion/commentators/dominic-lawson/dominic-lawson-more-migrants-please-especially-the-clever-ones-2368622.html "Dominic Lawson: More migrants please, especially the clever ones"] {{Webarchive|url=https://ghostarchive.org/archive/20220608/https://www.independent.co.uk/opinion/commentators/dominic-lawson/dominic-lawson-more-migrants-please-especially-the-clever-ones-2368622.html |date=June 8, 2022 }}, The Independent, October 11, 2011. and Y Combinator president Sam Altman joined the protest at San Francisco airport. There were several online protests, and many people spoke out on social media.{{cite news|url=https://www.theverge.com/2017/1/28/14428262/google-sergey-brin|title=Google co-founder Sergey Brin joins protest against immigration order at San Francisco airport|first=T.|last=Sottek|date=January 29, 2017|magazine=Forbes|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129052528/http://www.theverge.com/2017/1/28/14428262/google-sergey-brin|url-status=live}}{{cite news|url=https://www.forbes.com/sites/ryanmac/2017/01/29/y-combinators-sam-altman-this-may-be-a-defining-moment-when-people-oppose-trump/#17c24c571e47|title=Y Combinator's Sam Altman At Airport Protest: This May Be A Defining Moment When People Oppose Trump|first=Ryan|last=Mac|date=January 29, 2017|magazine=Forbes|access-date=January 29, 2017|archive-date=January 29, 2017|archive-url=https://web.archive.org/web/20170129084652/http://www.forbes.com/sites/ryanmac/2017/01/29/y-combinators-sam-altman-this-may-be-a-defining-moment-when-people-oppose-trump/#17c24c571e47|url-status=live}} Virginia governor Terry McAuliffe joined the protest at Dulles International Airport on Saturday.{{Cite news|url=http://www.cnn.com/2017/01/29/politics/immigration-crisis-what-we-know|title=The ban that descended into chaos: What we know|last1=Langmaid|first1=Tim|date=January 29, 2017|publisher=CNN|last2=Hackney|first2=Deanna|access-date=February 12, 2017|archive-date=February 13, 2017|archive-url=https://web.archive.org/web/20170213164058/http://www.cnn.com/2017/01/29/politics/immigration-crisis-what-we-know|url-status=live}}
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.{{Cite news|url=https://www.telegraph.co.uk/news/2017/01/30/internet-reacted-donald-trumps-controversial-travel-ban/ |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/2017/01/30/internet-reacted-donald-trumps-controversial-travel-ban/ |archive-date=January 12, 2022 |url-access=subscription |url-status=live|title=How the internet reacted to Donald Trump's controversial travel ban|last=Molloy|first=Mark|date=2017|work=The Daily Telegraph|access-date=November 23, 2017|language=en-GB|issn=0307-1235}}{{cbignore}}
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..."{{Cite web|url=https://abcnews.go.com/Politics/timeline-president-trumps-immigration-executive-order-legal-challenges/story?id=45332741|title=A timeline of Trump's immigration executive order|date=June 29, 2017|website=ABC News|access-date=November 23, 2017|archive-date=November 17, 2017|archive-url=https://web.archive.org/web/20171117073707/http://abcnews.go.com/Politics/timeline-president-trumps-immigration-executive-order-legal-challenges/story?id=45332741|url-status=live}} He continued on in another tweet, "protesters and the tears of Senator Chuck Schumer. Secretary John F. Kelly said that all is going well with very few problems. MAKE AMERICA SAFE AGAIN!"
Celebrities, including Seth Rogen, Mindy Kaling, Jennifer Lawrence, Bruce Springsteen,{{Cite web|url=https://www.usatoday.com/story/life/music/2017/01/30/bruce-springsteen-slams-president-trump-immigration-ban/97236886/|title='Fundamentally un-American': Bruce Springsteen slams Trump immigration ban|website=USA Today|language=en|access-date=May 1, 2019|archive-date=May 1, 2019|archive-url=https://web.archive.org/web/20190501032015/https://www.usatoday.com/story/life/music/2017/01/30/bruce-springsteen-slams-president-trump-immigration-ban/97236886/|url-status=live}} Yara Shahidi{{Cite web|url=https://www.nbcnews.com/feature/nbcblk28-2017/nbcblk28-finding-her-voice-black-ish-star-yara-shahidi-wants-n713676|title=#NBCBLK28: 'Black-ish' star Yara Shahidi wants to holler|last=Gibbs|first=Adrienne Samuels|date=February 1, 2017|website=NBC News|language=en|access-date=May 1, 2019|archive-date=May 9, 2019|archive-url=https://web.archive.org/web/20190509175640/https://www.nbcnews.com/feature/nbcblk28-2017/nbcblk28-finding-her-voice-black-ish-star-yara-shahidi-wants-n713676|url-status=live}} and many others expressed their opinions on the order.{{Cite news|url=http://www.businessinsider.com/celebrities-donald-trump-immigration-ban-2017-1/#sarah-paulson-7|title=Celebrities are 'horrified' by Trump's 'un-American' immigration ban|work=Business Insider|access-date=November 23, 2017|language=en|archive-date=December 1, 2017|archive-url=https://web.archive.org/web/20171201032748/http://www.businessinsider.com/celebrities-donald-trump-immigration-ban-2017-1/#sarah-paulson-7|url-status=live}}
= #MuslimBan =
On June 13, Trump proposed to suspend immigration from "areas of the world" with a history of terrorism,{{Cite news|url=https://trumpwhitehouse.archives.gov/the-press-office/2017/01/27/executive-order-protecting-nation-foreign-terrorist-entry-united-states|title=EXECUTIVE ORDER: PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES|date=January 27, 2017|access-date=November 28, 2017|via=National Archives|work=whitehouse.gov|language=en|archive-date=March 14, 2021|archive-url=https://web.archive.org/web/20210314160009/https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-protecting-nation-foreign-terrorist-entry-united-states/|url-status=live}} a change from his previous proposal to suspend Muslim immigration to the U.S.{{Cite news|url=https://www.elitedaily.com/news/politics/trumps-travel-ban-reportedly-replaced-even-restrictions/2078333|title=New Travel Restrictions Replacing Trump's Travel Ban Are Even More Strict, According To Report|last=Golden|first=Hannah|work=Elite Daily|access-date=November 28, 2017|language=en|archive-date=December 1, 2017|archive-url=https://web.archive.org/web/20171201030356/https://www.elitedaily.com/news/politics/trumps-travel-ban-reportedly-replaced-even-restrictions/2078333|url-status=live}} The hashtag became popular on Twitter and opposition to the executive order widely spread among all social media platforms.{{Cite news|url=https://memeburn.com/2017/03/trump-revised-travel-ban/|title=Trump revises travel ban, social media remains divided - Memeburn|date=March 7, 2017|work=Memeburn|access-date=November 28, 2017|language=en-US|archive-date=December 1, 2017|archive-url=https://web.archive.org/web/20171201031324/https://memeburn.com/2017/03/trump-revised-travel-ban/|url-status=live}}
= #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."{{Cite news|url=https://www.huffingtonpost.com/entry/travel-ban-grandparents_us_59556d8ae4b05c37bb7d1790|title=Twitter Protests Trump's Travel Ban With #GrandparentsNotTerrorists|last=Blumberg|first=Antonia|date=June 29, 2017|work=Huffington Post|access-date=October 18, 2017|language=en-US|archive-date=October 17, 2017|archive-url=https://web.archive.org/web/20171017145248/https://www.huffingtonpost.com/entry/travel-ban-grandparents_us_59556d8ae4b05c37bb7d1790|url-status=live}} To express the opposition to the order, the hashtag #GrandParentsNotTerrorists was launched by the National Iranian American Council (NIAC).{{Cite news|url=https://www.huffingtonpost.com/entry/travel-ban-grandparents_us_59556d8ae4b05c37bb7d1790|title=Twitter Protests Trump's Travel Ban With #GrandparentsNotTerrorists|last=Blumberg|first=Antonia|date=June 29, 2017|work=Huffington Post|access-date=November 28, 2017|language=en-US|archive-date=October 17, 2017|archive-url=https://web.archive.org/web/20171017145248/https://www.huffingtonpost.com/entry/travel-ban-grandparents_us_59556d8ae4b05c37bb7d1790|url-status=live}} 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.{{Cite web|url=https://mic.com/articles/166577/nobannowall-is-a-heartbreaking-rallying-cry-against-donald-trumps-muslim-ban-and-border-wall|title=People are rallying against Trump's xenophobia with #NoBanNoWall|website=mic.com|date=January 25, 2017|language=en|access-date=April 3, 2019|archive-date=April 3, 2019|archive-url=https://web.archive.org/web/20190403064036/https://mic.com/articles/166577/nobannowall-is-a-heartbreaking-rallying-cry-against-donald-trumps-muslim-ban-and-border-wall|url-status=live}} 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".{{Cite web|url=https://www.bustle.com/p/grandparents-not-terrorists-tweets-highlight-how-senseless-people-think-the-travel-ban-is-67822|title=#GrandparentsNotTerrorists Hashtag Launched To Protest Travel Ban|last=Sathish|first=Madhuri|website=Bustle|date=June 30, 2017|language=en|access-date=April 3, 2019|archive-date=April 3, 2019|archive-url=https://web.archive.org/web/20190403064038/https://www.bustle.com/p/grandparents-not-terrorists-tweets-highlight-how-senseless-people-think-the-travel-ban-is-67822|url-status=live}} 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{{Cite web|url=https://www.buzzfeed.com/aishagani/no-ban-no-wall-tweets-trump|title=People Are Using The #NoBanNoWall Hashtag To Protest Trump's Border Wall|last=Gani|first=Aisha|website=BuzzFeed|date=January 26, 2017|language=en|access-date=April 3, 2019|archive-date=April 3, 2019|archive-url=https://web.archive.org/web/20190403064039/https://www.buzzfeed.com/aishagani/no-ban-no-wall-tweets-trump|url-status=live}} 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 {{Cite web|url=https://twitter.com/hashtag/buildthewall|title=News about #buildthewall on Twitter|website=twitter.com|language=en|access-date=April 3, 2019|archive-date=March 26, 2019|archive-url=https://web.archive.org/web/20190326024545/https://twitter.com/hashtag/buildthewall|url-status=live}} and #BanTheMuslims,{{Cite web|url=https://twitter.com/hashtag/banthemuslims|title=#banthemuslims hashtag on Twitter|website=twitter.com|language=en|access-date=April 3, 2019|archive-date=May 24, 2019|archive-url=https://web.archive.org/web/20190524100839/https://twitter.com/hashtag/banthemuslims|url-status=live}} 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.{{Cite web|url=http://www.msnbc.com/rachel-maddow-show/trumps-interest-the-caravan-invasion-has-apparently-waned|title=Trump's interest in the caravan 'invasion' has apparently waned|date=November 9, 2018|website=MSNBC|access-date=May 1, 2019|archive-date=May 1, 2019|archive-url=https://web.archive.org/web/20190501015238/http://www.msnbc.com/rachel-maddow-show/trumps-interest-the-caravan-invasion-has-apparently-waned|url-status=live}}{{Cite news|url=http://www.npr.org/2018/11/19/669193788/shouting-mexico-first-hundreds-in-tijuana-march-against-migrant-caravan|title=Shouting 'Mexico First', Hundreds In Tijuana March Against Migrant Caravan|website=NPR|date=November 19, 2018|access-date=June 3, 2019|last1=Fredrick|first1=James|archive-date=June 3, 2019|archive-url=https://web.archive.org/web/20190603063036/https://www.npr.org/2018/11/19/669193788/shouting-mexico-first-hundreds-in-tijuana-march-against-migrant-caravan|url-status=live}}
Legal challenges
{{Main | Legal challenges to the Trump travel ban}}
File:State-by-state response to Executive Order 13769.svg signed vow to oppose the order}}
{{Legend |#06F|State actively challenging order}}
{{Legend |#0CF|All of the above}}]]
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 (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."{{cite news|last1=Liptak|first1=Adam|title=Where Trump's Travel Ban Stands|url=https://www.nytimes.com/2017/02/05/us/politics/trumps-travel-ban.html|access-date=March 13, 2018|work=The New York Times|date=February 6, 2017|page=A10|archive-date=February 6, 2017|archive-url=https://web.archive.org/web/20170206112205/https://www.nytimes.com/2017/02/05/us/politics/trumps-travel-ban.html|url-status=live}} 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 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, federal statutes, 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. 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 "[w]e'll work together to fight it".Edward Isaac Dovere, [http://www.politico.com/story/2017/01/trump-immigration-attorneys-general-234338 Democratic state attorneys general vow action against refugee order] {{Webarchive|url=https://web.archive.org/web/20170204002851/http://www.politico.com/story/2017/01/trump-immigration-attorneys-general-234338|date=February 4, 2017}}, Politico (January 29, 2017).Official Twitter account of New York State Attorney General Eric T. Schneiderman [https://twitter.com/AGSchneiderman/status/825793145166299138/photo/1?ref_src=twsrc%5Etfw
File:State of Washington vs. Donald J. Trump, et al.webm
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, 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".{{cite news|url=https://www.wsj.com/articles/acting-attorney-general-orders-justice-dept-not-to-defend-trumps-travel-ban-1485819447|title=Acting Attorney General Orders Justice Dept. Not to Defend Trump's Immigration Ban|last=Barrett|first=Devlin|date=January 30, 2017|newspaper=The Wall Street Journal|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131002644/https://www.wsj.com/articles/acting-attorney-general-orders-justice-dept-not-to-defend-trumps-travel-ban-1485819447|url-status=live}} 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, the United States attorney for the Eastern District of Virginia. This leadership alteration was referred to, by some, as "the Monday Night Massacre".{{Cite news|url=http://www.latimes.com/politics/washington/la-na-trailguide-updates-why-people-are-calling-this-the-monday-1485835418-htmlstory.html|title=Why people are calling the acting attorney general's firing the 'Monday Night Massacre'|last=Roy|first=Jessica|date=January 30, 2017|newspaper=Los Angeles Times|access-date=January 31, 2017|archive-date=April 8, 2019|archive-url=https://web.archive.org/web/20190408080549/https://www.latimes.com/politics/washington/la-na-trailguide-updates-why-people-are-calling-this-the-monday-1485835418-htmlstory.html|url-status=live}}{{cite news|url=http://www.cnn.com/2017/01/30/opinions/monday-night-massacre-wake-up-call-to-senate-democrats-zelizer/index.html|title=Monday night massacre is a wake-up call to Senate Democrats|last=Zelizer|first=Julian|publisher=CNN|access-date=January 31, 2017|archive-date=August 30, 2018|archive-url=https://web.archive.org/web/20180830211714/https://www.cnn.com/2017/01/30/opinions/monday-night-massacre-wake-up-call-to-senate-democrats-zelizer/index.html|url-status=live}}{{Cite news|url=http://www.msnbc.com/the-last-word/watch/monday-night-massacre-trump-fires-acting-attorney-general-866366531874|title=Monday Night Massacre: Trump fires acting Attorney General|publisher=MSNBC|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131060247/http://www.msnbc.com/the-last-word/watch/monday-night-massacre-trump-fires-acting-attorney-general-866366531874|url-status=live}}{{cite news|url=http://fortune.com/2017/01/30/trump-monday-night-massacre-reaction|title=Trump's 'Monday Night Massacre': What The Legal Community Is Saying|website=Fortune|access-date=January 31, 2017|archive-date=January 31, 2017|archive-url=https://web.archive.org/web/20170131052116/http://fortune.com/2017/01/30/trump-monday-night-massacre-reaction/|url-status=live}}
File:Live audio from WA State v. Trump from the U.S. Court of Appeals for the Ninth Circuit.webm
File:DHS-intelligence-document-on-Donald-Trump-Muslim-Ban.pdf
The state of Washington filed a legal challenge, State of Washington v. Trump, against the executive order;{{cite news|url=https://www.reuters.com/article/us-usa-trump-immigration-idUSKBN15E1DE|title=Washington state to sue over travel ban, pressures on Trump grow|last=Levine|first=Dan|date=January 30, 2017|work=Reuters|access-date=January 30, 2017|archive-date=October 20, 2018|archive-url=https://web.archive.org/web/20181020094942/https://www.reuters.com/article/us-usa-trump-immigration-idUSKBN15E1DE|url-status=live}}{{Cite news|url=http://www.seattletimes.com/seattle-news/politics/ag-bob-ferguson-to-make-major-announcement-in-wake-of-trump-immigration-order|title=AG Bob Ferguson files lawsuit — first by any state — to invalidate Trump's order|date=January 30, 2017|newspaper=The Seattle Times|access-date=February 5, 2017}} Minnesota later joined the case.{{Cite news|url=https://www.nytimes.com/2017/02/04/us/politics/visa-ban-trump-judge-james-robart.html|title=Trump Officials Move to Appeal Ruling Blocking Immigration Order|last=Landler|first=Mark|author-link=Mark Landler|date=February 4, 2017|newspaper=The New York Times|access-date=February 19, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319200318/https://www.nytimes.com/2017/02/04/us/politics/visa-ban-trump-judge-james-robart.html|url-status=live}} On February 3 District judge James Robart 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[d] immediate and irreparable injury", and were likely to succeed in their challenge to the federal defendants. Robart explicitly wrote his judgment to apply nationwide.{{Cite news|url=http://www.leagle.com/decision/In%20FDCO%2020170206H00/STATE%20v.%20TRUMP|title=State v. Trump {{!}} Case No. C17-0141JLR. {{!}} 28 U.S.C. 1331 Fed. Question {{!}} Leagle.com|author=James L. Robart, District Judge|publisher=Leagle|access-date=February 17, 2017|archive-date=February 11, 2017|archive-url=https://web.archive.org/web/20170211080111/http://www.leagle.com/decision/In%20FDCO%2020170206H00/STATE%20v.%20TRUMP|url-status=live}} 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.{{cite news|url=https://www.nbcnews.com/news/us-news/judge-halts-trump-travel-ban-banned-countries-citizens-able-board-n716801|title=Homeland Security Suspends Implementation of President Trump's Travel Ban|last1=Melvin|first1=Don|last2=Arouzi|first2=Ali|last3=Walters|first3=Shamar|work=NBC News|date=February 4, 2017|access-date=February 4, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319185535/https://www.nbcnews.com/news/us-news/judge-halts-trump-travel-ban-banned-countries-citizens-able-board-n716801|url-status=live}}
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 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 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.{{cite web|url=http://www.leagle.com/decision/In%20FCO%2020170209142/STATE%20OF%20WASHINGTON%20v.%20TRUMP|title=State of Washington v. Trump - No. 17-35105|author=Per Curiam|publisher=leagle.com|access-date=February 10, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192316/https://www.leagle.com/decision/infco20170209142|url-status=live}}{{cite news|url=http://www.cnn.com/2017/02/09/politics/travel-ban-9th-circuit-ruling/index.html|title=9th Circuit rules against reinstating travel ban|last=De Vogue|first=Ariane|date=February 9, 2017|publisher=CNN|access-date=February 14, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192331/https://www.cnn.com/2017/02/09/politics/travel-ban-9th-circuit-ruling-immigration|url-status=live}}{{cite news|last1=Thanawala|first1=Sudhin|title=Federal appeals court refuses to reinstate Trump travel ban|url=https://apnews.com/72d31e1526204aeead356ea653169e01|publisher=Associated Press|access-date=February 10, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192728/https://apnews.com/72d31e1526204aeead356ea653169e01|url-status=live}} 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;{{Cite web|url=https://www.washingtonpost.com/world/national-security/trump-says-hell-issue-a-new-executive-order-on-immigration-by-next-week/2017/02/16/4b65e7d6-f463-11e6-a9b0-ecee7ce475fc_story.html|title=Trump says he'll issue a new executive order on immigration by next week|last=Zapotosky|first=Matt|date=February 16, 2017|newspaper=The Washington Post|access-date=February 16, 2017|archive-date=February 21, 2017|archive-url=https://web.archive.org/web/20170221043047/https://www.washingtonpost.com/world/national-security/trump-says-hell-issue-a-new-executive-order-on-immigration-by-next-week/2017/02/16/4b65e7d6-f463-11e6-a9b0-ecee7ce475fc_story.html|url-status=live}} the court responded by staying the en-banc review of its previous ruling.{{Cite web|url=http://cdn.ca9.uscourts.gov/datastore/general/2017/02/16/17-35105_Stay%20Order%20revised.pdf|title=Stay Order for En-Banc Review|access-date=February 20, 2017|archive-date=May 17, 2017|archive-url=https://web.archive.org/web/20170517010707/http://cdn.ca9.uscourts.gov/datastore/general/2017/02/16/17-35105_Stay%20Order%20revised.pdf|url-status=live}}
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 speech protected by the First Amendment. (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 acceptable for him to address the issue because the district judge in Hawaii had cited the 9th Circuit opinion in reaching its Establishment Clause ruling.){{cite magazine|url=http://www.slate.com/articles/news_and_politics/jurisprudence/2017/03/the_9th_circuit_s_alex_kozinski_defends_trump_s_travel_ban_on_first_amendment.html|first=Richard|last=Hasen|title=Does the First Amendment Protect Trump's Travel Ban?|date=March 20, 2017|magazine=Slate|access-date=March 21, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192743/https://slate.com/news-and-politics/2017/03/the-9th-circuits-alex-kozinski-defends-trumps-travel-ban-on-first-amendment-grounds.html|url-status=live}}{{cite web|url=http://cdn.ca9.uscourts.gov/datastore/general/2017/03/17/17-35105_Amd_Order.pdf|date=March 17, 2017|title=No. 2:17-cv-00141 Amended Order|access-date=March 21, 2017|archive-date=March 4, 2021|archive-url=https://web.archive.org/web/20210304210850/http://cdn.ca9.uscourts.gov/datastore/general/2017/03/17/17-35105_Amd_Order.pdf|url-status=live}}
On February 13 Judge Leonie Brinkema of the Eastern District of Virginia ordered a preliminary injunction 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 of the U.S. Constitution.{{cite news|author=Leonie Brinkema|newspaper=The Washington Post|title=Federal court rules against Trump's immigration order because it discriminates against Muslims|url=https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/13/federal-court-rules-against-trumps-immigration-order-because-it-discriminates-against-muslims/|date=February 13, 2017|author-link=Leonie Brinkema|access-date=February 14, 2017|archive-date=February 14, 2017|archive-url=https://web.archive.org/web/20170214054051/https://www.washingtonpost.com/news/volokh-conspiracy/wp/2017/02/13/federal-court-rules-against-trumps-immigration-order-because-it-discriminates-against-muslims/|url-status=live}}{{cite court|litigants=Aziz v. Trump|reporter=Unpublished opinion. Document no. 111 on the docket.|pinpoint=Page 20|quote=the Court finds the Commonwealth has established a likelihood of success on the merits.11[FN11: ... the Commonwealth has established a likelihood of success on the merits on its Establishment Clause claim ...]|court=E.D. Va.|date=February 13, 2017|url=http://lawprofessors.typepad.com/files/azizmemo.pdf|archive-url=https://web.archive.org/web/20170215020022/http://lawprofessors.typepad.com/files/azizmemo.pdf|url-status=live}}
On August 13 the plaintiffs, The State of Hawaii and the Muslim Association of Hawaii, dropped the lawsuit, effectively ending the litigation.{{cite web |last=Uram |first=Zachary |date=August 15, 2018 |title=Plaintiffs in travel ban case voluntarily dismiss action |url=https://www.jurist.org/news/2018/08/plaintiffs-in-travel-ban-case-voluntarily-dismiss-action/ |url-status=live |archive-url=https://web.archive.org/web/20180815193054/https://www.jurist.org/news/2018/08/plaintiffs-in-travel-ban-case-voluntarily-dismiss-action/ |archive-date=August 15, 2018 |access-date=August 16, 2018 |work=JURIST, Legal and News Research |publisher=University of Pittsburgh}} Official notice:[https://governor.hawaii.gov/wp-content/uploads/2018/08/2018-08-13-Notice-of-Dismissal.pdf] {{Webarchive|url=https://web.archive.org/web/20210214230825/https://governor.hawaii.gov/wp-content/uploads/2018/08/2018-08-13-Notice-of-Dismissal.pdf|date=February 14, 2021}}
Revocation and replacement
{{Main|Executive Order 13780}}
In February 2017, Politico reported Trump "suggest[ing] that the White House is trying to redraft the order to strengthen it against legal challenges."Josh Gerstein, [http://www.politico.com/story/2017/02/trump-9th-circuit-ruling-next-steps-234902 Trump team plans a new executive order] {{Webarchive|url=https://web.archive.org/web/20210319192731/https://www.politico.com/story/2017/02/trump-9th-circuit-ruling-next-steps-234902 |date=March 19, 2021 }}, Politico (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.{{cite news|url=http://www.cnn.com/2017/02/28/politics/trump-travel-ban-visa-holders/|date=February 28, 2017|publisher=CNN|quote=as originally indicated by the White House, would have undercut the favorable coverage. The official didn't deny the positive reception was part of the administration's calculus in pushing back the travel ban announcement. "We want the (executive order) to have its own 'moment,'" the official said.|title=Trump delays new travel ban after well-reviewed speech|first1=Laura|last1=Jarrett|first2=Ariane|last2=de Vogue|first3=Jeremy|last3=Diamond|access-date=March 3, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192312/https://www.cnn.com/2017/02/28/politics/trump-travel-ban-visa-holders/|url-status=live}} (Trump initially claimed the replacement order would be issued the week of February 19.{{cite news|title=Trump to replace halted travel ban with new executive order|url=https://abcnews.go.com/Politics/president-trump-replace-halted-travel-ban-executive-order/story?id=45545474|date=February 16, 2017|work=ABC News }} On February 22 the Trump administration said the replacement order would be delayed until the following week.{{cite news|url=https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-travel-ban-immigration-delayed-next-week-muslim-restrictions-latest-a7594591.html|newspaper=The Independent|date=February 22, 2017|title=Donald Trump's new travel ban 'delayed until next week'}} That week, the White House expected the order to be issued Wednesday, March 1.{{cite news|title=Trump expected to sign new exec order on immigration Wednesday|publisher=CNBC |agency=Associated Press|date=February 27, 2017|url=https://www.cnbc.com/2017/02/27/trump-expected-to-sign-new-exec-order-on-immigration-wednesday.html}}) 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.{{cite AV media|author=Sean Spicer (Press Secretary) |url=https://www.c-span.org/video/?424452-1/white-house-defends-decision-transgender-protections|time=7:43|title=White House Daily Briefing|publisher=C-SPAN}}{{cite news|url=https://www.nytimes.com/aponline/2017/03/02/us/ap-us-trump-travel-ban.html|date=March 2, 2017|agency=Associated Press|title=Not So Urgent Anymore? Trump's New Travel Ban Delayed |newspaper=The New York Times}}
According to an administration official, a redraft version of the executive order will focus on the same seven countries minus Iraq,{{cite news |last=Jacobs |first=Jennifer |date=March 1, 2017 |title=New Trump Travel Order to Drop Iraq From Ban List, Official Says |url=https://www.bloomberg.com/politics/articles/2017-03-01/new-trump-travel-order-said-to-drop-iraq-from-banned-nations | publisher=Bloomberg News |access-date=March 1, 2017 }} but exempt lawful permanent residents and those who already hold visas, whether or not they have entered the United States.{{Cite news|url=https://apnews.com/7dfde2f7d87344d0955f70ff39d8ab4f/AP-source:-Revised-travel-ban-targets-same-countries|title=AP source: Revised travel ban targets same countries|last=Salama|first=Vivian|date=February 20, 2017|publisher=Associated Press}}Ariane de Vogue & Tal Kopan, [http://www.cnn.com/2017/02/20/politics/trump-new-executive-order-immigration/ 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.{{cite news|url=https://www.washingtonpost.com/world/national-security/new-executive-order-bans-travelers-from-six-muslim-majority-countries-applying-for-visas/2017/03/06/3012a42a-0277-11e7-ad5b-d22680e18d10_story.html|date=March 6, 2017|title=Revised executive order bans travelers from six Muslim-majority countries from getting new visas |newspaper=The Washington Post |first1=Matt |last1=Zapotosky |first2=David |last2=Nakamura|first3=Abigail |last3=Hauslohne}}{{cite news|url=https://apps.washingtonpost.com/g/documents/national/read-the-full-text-of-the-revised-executive-order/2361/|title=Full Text of Executive Order 13780|newspaper=The Washington Post|access-date=August 27, 2017|archive-date=March 19, 2021|archive-url=https://web.archive.org/web/20210319192751/https://apps.washingtonpost.com/g/documents/national/read-the-full-text-of-the-revised-executive-order/2361/|url-status=dead}} 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.{{Cite news|url=http://www.thehindu.com/news/international/donald-trump-signs-new-travel-ban-exempts-iraq/article17419383.ece|title=Donald Trump signs 'Muslim Ban 2.0' order|last=George |first=Varghese K.|work=The Hindu|access-date=March 8, 2017}}{{cite news|url=http://www.cnn.com/2017/03/04/politics/trump-new-travel-ban/|title=Trump plans to sign updated travel ban early next week|publisher=CNN |first1=Laura|last1=Jarrett|first2=Tammy|last2=Kupperman|date=March 5, 2017|access-date=March 8, 2017}} The redraft executive order removes the exemption for religious minorities in the banned countries that was present in the first order.{{cite news|url=https://www.nytimes.com/2017/03/10/world/asia/afghanistan-visa-program-united-states.html|first1=Fahim|last1=Abed|first2=Rod |last2=Nordland|title=Afghans Who Worked for U.S. Are Told Not to Apply for Visas, Advocates Say|date=March 10, 2017 |newspaper=The New York Times |location=Kabul, Afghanistan}} 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.{{cite news|title=Is Trump's New Executive Order on Travel 'New' Enough? |url=https://www.nbcnews.com/news/us-news/new-executive-order-travel-new-enough-n731991|date=March 10, 2017|first=Pete|last=Williams|work=NBC News}}{{cite news|title=Travel Ban Waiver - Everything You Need to Know |url=https://www.immigratrust.com/blog/travel-ban-waiver-everything-you-need-to-know|date=February 15, 2018|first=Najmeh|last=Mahmoudjafari|publisher=ImmigraTrust Law}}
On March 15, 2017, United States district judge Derrick Watson of the United States District Court for the District of Hawaii issued a temporary restraining order preventing Executive Order 13780 from going into effect,{{cite news|author=Levine, Dan |author2=Rosenberg, Mica |url=https://www.reuters.com/article/us-usa-immigration-court-idUSKBN16M17N|title=U.S. judge in Hawaii puts emergency halt on Trump's new travel ban|date=March 15, 2017|work=Reuters}}{{cite news |author=Nuckols, Ben |author2=Johnson, Gene|url=https://www.bostonglobe.com/news/politics/2017/03/15/ban/925aot1WCkjHXToUd3sTJK/story.html|title=Trump travel ban put on hold again|newspaper=The Boston Globe|date=March 15, 2017}} on the grounds that the State of Hawaii showed a strong likelihood of success on their Establishment Clause 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."{{cite web|url=http://www.hid.uscourts.gov/files/announcement142/CV17-50%20219%20doc.pdf|title=CV. NO. 17-00050 Order Granting Motion for Temporary Restraining Order|url-status=dead|archive-url=https://web.archive.org/web/20170317033303/http://www.hid.uscourts.gov/files/announcement142/CV17-50%20219%20doc.pdf|archive-date=March 17, 2017}}{{cite news |url=https://www.nytimes.com/2017/03/15/us/politics/trump-travel-ban.html|title=Federal Judge Blocks Trump's Latest Travel Ban Nationwide|first=Alexander|last=Burns|date=March 15, 2017|newspaper=The New York Times}} 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."{{cite news |url=https://www.nbcnews.com/news/us-news/federal-judge-hawaii-blocks-trump-s-revised-travel-order-n734141|title=Judge blocks second travel order; Trump slams 'judicial overreach'|work=NBC News |first=Alex|last=Johnson|date=March 15, 2017}}{{cite news |url=https://www.theguardian.com/us-news/live/2017/mar/16/trump-travel-ban-blocked-nationwide-hawaii-court-live|title=Trump says federal judge's travel ban block is 'unprecedented overreach' – live|first=Claire|last=Phipps|date=March 15, 2017|newspaper=The Guardian}}
In a per curiam decision, on June 26, 2017, the Supreme Court reinstated key provisions of the order.{{Cite web|url=http://www.cnn.com/2017/06/26/politics/travel-ban-supreme-court/index.html|title=Supreme Court allows parts of travel ban to take effect|last=Reporter|first=Ariane de Vogue, CNN Supreme Court|website=CNN|date=June 26, 2017|access-date=June 26, 2017}} The court also granted certiorari and set oral arguments for the fall term.{{Cite news|url=https://www.nytimes.com/2017/06/26/us/politics/supreme-court-trump-travel-ban-case.html|title=Supreme Court to Hear Travel Ban Case|last1=Shear|first1=Michael D.|date=June 26, 2017|work=The New York Times|access-date=June 26, 2017|last2=Liptak|first2=Adam|language=en-US|issn=0362-4331}}
See also
{{columns-list |colwidth=30em|
- Trump v. Hawaii
- 2017 electronics ban
- Muslim immigration ban
- Day Without Immigrants 2017
- Final Report of the Task Force on Combating Terrorist and Foreign Fighter Travel
- Ideological restrictions on naturalization in U.S. law
- Immigration reduction in the United States
- List of executive actions by Donald Trump
- List of nationalities forbidden at borders in the world
- National Security Entry-Exit Registration System
- Patriot Act
- Protests against Donald Trump
- Refugees of the Syrian Civil War
- United States Citizenship and Immigration Services
- Visa policy of the United States
- National Vetting Center
}}
Notes
{{notelist}}
References
{{Reflist |30em}}
External links
{{Sister project links |c=Protecting the Nation from Foreign Terrorist Entry into the United States |commonscat=yes |wikt=no |n=no |q=no |b=no |v=no}}
- [https://www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states Full text of the executive order] via the Federal Register
- [https://www.dhs.gov/news/2017/01/29/protecting-nation-foreign-terrorist-entry-united-states Fact Sheet] by the United States Department of Homeland Security
- [https://web.archive.org/web/20170205013724/https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states Questions and Answers about the Executive Order]. U.S. Customs and Border Protection
- [https://www.nytimes.com/interactive/2017/02/02/us/politics/document-EO-Foreign-Terrorist-Entry.html Office of Legal Counsel memorandum on the order's legality] obtained due to a FOIA request via The New York Times
- [https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/act.html Full Text of the Immigration and Nationality Act (Updated through February 2013)] via U.S. Citizenship and Immigration Services
- [https://www.oig.dhs.gov/sites/default/files/assets/2018-01/OIG-18-37-Jan18.pdf 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
- Court Challenges:
:* [https://www.plainsite.org/tags/trump-muslim-immigration-ban-executive-order/ Relevant court filings and orders]
:* [https://web.archive.org/web/20170205221335/https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000860 Site Created for the Appeal of State of Washington et al. v. Trump] in the 9th Circuit Court of Appeals
{{Executive Order 13769}}
{{Trump executive actions}}
{{Iran–United States relations}}{{Islam in the United States}}
{{authority control}}
{{DEFAULTSORT:Executive Order 13769}}
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