ARUN GUPTA, arun.indypendent [at] gmail.com, @arunindy
Independent reporter Gupta just wrote the piece “Meet the New Muslim Ban, Harsher Than the Old Muslim Ban,” which states: “The new order appears to be narrower in scope, at least initially. It claims to exclude ‘categories of aliens that have prompted judicial concerns.’ Green-card holders, dual citizens, and Syrian refugees are exempt from the blanket ban. Iraq is no longer on the list of affected countries, and the order allows for exceptions from the other targeted countries and for refugees on a ‘case-by-case’ basis.
“Nonetheless, on March 7, the state of Hawaii filed suit in federal court on behalf of the state and Ismail Elshikh, PhD, the Imam of the Muslim Association of Hawaii. The state claims Trump’s order harms Elshikh by preventing his Syrian mother-in-law from visiting her family in Hawaii. The state asserts the Trump Administration is acting ‘arbitrarily and capriciously’ in its choice of countries on the banned list. ….
“The revised order affords the Trump Administration wide latitude in broadening the scope of the order later on, with language that will allow the profiling of entire countries so as to exclude their citizens. It states that the U.S. government will conduct ‘a worldwide review’ to determine what ‘additional information will be needed from each foreign country’ to assess the application of any person from one of the specified countries seeking admission to the United States so as to ensure they are ‘not a security or public-safety threat.’
“The order adds that ‘At any point … the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, may submit to the President the names of any additional countries recommended for similar treatment.’ And, ‘The Secretary of Homeland Security may conclude that certain information is needed from particular countries even if it is not needed from every country.’
“Put together, this language could enable wildly differing criteria for nationals from one country to the next, as well as countries coming on and off the list at the whim of the White House.”