Members' Research Service By / February 9, 2017

Reactions to President Trump’s executive order on the entry ban

Written by Jan Bäverström, The new US administration’s ban on entry of citizens from seven North-East African and Middle East…

© mars58 / Fotolia

Written by Jan Bäverström,

Comments on future US Foreign and Trade Policies
© mars58 / Fotolia

The new US administration’s ban on entry of citizens from seven North-East African and Middle East states has met with concern among both US and European politicians. Some European leaders have openly criticised the President’s executive order. On 30 January Washington State Attorney General Ferguson sought to halt the Executive Order. Days later, on 3 February James L. Robart Chambers, U.S. District Court for the Western District of Washington, granted an immediate nationwide halt. US customs has told airlines that travellers from the 7 countries may board while the legal case is heard. The court decision was criticised on twitter by President Trump. On 4 February the United States Court for the Ninth Circuit upheld the halt. Three days later, on 7 February, it hold a hearing.++

Read also this at a glance note: Donald Trump’s executive order on immigration.

Executive order protecting nation foreign terrorist entry United States , White House, 27 January 2017
‘It is the policy of the United States to protect its citizens from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intend to exploit United States immigration laws for malevolent purposes.’
‘I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187 (a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order .’
‘The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures.’

The U.S. Customs and Border Protection (CBP) web page on Protecting the Nation from Foreign Terrorist Entry into the United States displays statistics on actions taken in accordance with the Executive Order as well as a Q&A with further clarifications.

Department of Homeland Affairs

DHS Statement On Compliance With Court Orders And The President’s Executive Order , 29 January 2017
‘We are committed to ensuring that all individuals affected by the executive orders, including those affected by the court orders, are being provided all rights afforded under the law. We are also working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, we do not anticipate that further individuals traveling by air to the United States will be affected.’

DHS Statement On Compliance With Court Orders And The President’s Executive Order ,  29 January 2017
‘We are committed to ensuring that all individuals affected by the executive orders, including those affected by the court orders, are being provided all rights afforded under the law.  We are also working closely with airline partners to prevent travelers who would not be granted entry under the executive orders from boarding international flights to the U.S. Therefore, we do not anticipate that further individuals traveling by air to the United States will be affected.’

Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The United States , 29 January 2017
– In applying the provisions of the president’s executive order, I hereby deem the entry of lawful permanent residents to be in the national interest.
Accordingly, absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.

Department Of Homeland Security Response To Recent Litigation , 29 January 2017
‘The Department of Homeland Security will continue to enforce all of President Trump’s Executive Orders in a manner that ensures the safety and security of the American people. President Trump’s Executive Orders remain in place-prohibited travel will remain prohibited, and the U.S. government retains its right to revoke visas at any time if required for national security or public safety. President Trump’s Executive Order affects a minor portion of international travelers, and is a first step towards reestablishing control over America’s borders and national security.
Approximately 80 million international travelers enter the United States every year. Yesterday, less than one percent of the more than 325,000 international air travelers who arrive every day were inconvenienced while enhanced security measures were implemented. These individuals went through enhanced security screenings and are being processed for entry to the United States, consistent with our immigration laws and judicial orders.’

Department of Justice

Acting Attorney General Boente Issues Guidance to Department on Executive Order, 30 January 2017 (see also: ‘ Trump fires acting AG after she declines to defend travel ban , CNN, 30 January 2017)

Washington and Minnesota  Court case

U.S. Court of Appeals for the Ninth Circuit page on State of Washington & State of Minnesota v. Trump, 17-35105

State of Washington vs. Donald J. Trump , et al Video Posted / James L. Robart Chambers U.S. District Court for the Western District of Washington, February 3, 2017
The video recording for the temporary restraining order hearing in the matter of the State of Washington vs. Donald J. Trump, et al, held on February 3rd,…

Washinton State Attorney General Ferguson obtains court order halting Trump immigration action , 3 February 2017
A federal judge in Seattle today granted Attorney General Bob Ferguson’s request to immediately halt implementation of President Donald Trump’s Executive Order on immigration nationwide.

Washington State Attorney General Ferguson seeks halt to Trump’s immigration Executive Order , 30 January 2017
Attorney General Bob Ferguson announced that he is filing a lawsuit in federal court today against President Donald Trump, the U.S. Department of Homeland Security and high-ranking Trump Administration officials. Ferguson’s complaint asks the United States District Court for the Western District of Washington to declare unconstitutional key provisions of President Donald Trump’s immigration Executive Order.

Reactions form the US Congress

Whip Count: Here’s where Republicans stand on Trump’s controversial travel ban / By Aaron Blake, Washington Post, 31 January 2017

House Homeland Security Chairman Michael McCaul (R-TX) released the following statement on President Trump’s Executive Order on immigration and refugee program .29 January 2017
Chairman McCaul: “In light of the confusion and uncertainty created in the wake of the President’s Executive Order, it is clear adjustments are needed. We should not simply turn away individuals who already have lawful U.S. visas or green cards—like those who have risked their lives serving alongside our forces overseas or who call America their home. We must be focused instead on putting in place tougher screening measures to weed out terror suspects while facilitating the entry of peaceful, freedom-loving people of all religions who see the United States as a beacon of hope. In the future, such policy changes should be better coordinated with the agencies implementing them and with Congress to ensure we get it right—and don’t undermine our nation’s credibility while trying to restore it.”

Minority Leader of the Houses, Nancy Pelosi on President Trump’s Muslim Ban and on Unconstitutional Muslim Ban and Detentions at US Airport s, 29 January  2017

Democratic leader of the Senate, Charles Schumer , comments on the executive order, 30 January 2017

Ranking Member of the Senate Select Committee on Intelligence Feinstein’s Statement on Trump Immigration, Refugee Actions, , 27 January 2017

EU response

MEPs firmly condemn US travel ban in debate with Federica Mogherini : Press release , 1 Februrary 2017
‘Political group leaders reacted on Wednesday to President Donald Trump’s recent signing of an executive order banning nationals of seven countries from entering US territory. Most MEPs described the travel restrictions as arbitrary and defying the core values of western democracies, such as freedom, non-discrimination and solidarity.’

“United we stand, divided we fall” : letter by President Donald Tusk to the 27 EU heads of state or government on the future of the EU before the Malta summit
‘The first threat, an external one, is related to the new geopolitical situation in the world and around Europe… as well as worrying declarations by the new American administration all make our future highly unpredictable.’ ‘Particularly the change in Washington puts the European Union in a difficult situation; with the new administration seeming to put into question the last 70 years of American foreign policy.’Comment by NYTimes:  Trump Threatens Europe’s Stability, a Top Leader Warns / By James Kanterjan, 31 January 2017

Remarks by the High Representative/Vice-President Federica Mogherini following the meeting with the Minister of Foreign Affairs of Norway, Mr Børge Brende , 30 January 2017
Q. What is your comment on the US travel ban by President [of the U.S. Donald] Trump this weekend?
A: I had already the opportunity yesterday to state it very clearly: this is not the European way, the European Union will continue to first of all to take care and host Syrian refugees and others who are fleeing from war. I was meeting a group of Syrian children just a few days ago in Lebanon. We are financing schools for them as well as job opportunities and humanitarian assistance. We are the first donor for Syrians – I take only Syrians because obviously this is the most relevant part of the consequences that this decision might have. For us, it is an investment first of all in their lives, but also in our own security, because any single day that a Syrian child is out of school exposes him or her to a future that is definitely not a future of commitment and engagement in the way we would like to see. But apart from that, the European Union strongly believes in a system that is based on international rules and norms, full respect of all individuals, regardless of their religion, of their ethnic background or their country or nationality or gender and we will continue to be this way. On top of that, we have in Europe a history – and here I think I do not speak only for the European Union – that has told us that every time that one invests in divisions and wars, you might end up being in a prison, if you build all walls around you. And we have a history and a tradition and an identity based on the fact that we celebrate when walls are broken down and bridges are built. We believe in cooperation, and the European Union will continue to work in a sense of cooperation and respect with all the countries of the region, regardless of the religion of their population – all of them. This is the European Union’s way, I am convinced this is also the European way.

Midday press briefing of 30/01/2017, US entry ban : EU-USA relations: – Q&A , M. Schinas, 30 January 2017

Statement by Claude MORAES (S&D,GB), Chair of the LIBE Committee on the new US immigration policy , 31 January 2017

Responses from National Governments

Entretien téléphonique avec Donald Trump , Le Président de la République,  le 28 Janvier 2017

Rajoy, sobre el veto migratorio de Trump: “Yo no estoy a favor de los vetos ni de las fronteras “, Expansión, 31 January 2017
‘”Yo no estoy a favor de los vetos ni estoy a favor de las fronteras, ni creo que el mundo vaya a caminar en esa dirección”, ha dicho Rajoy. Por eso, ha dicho confiar en que “en el futuro esto se arregle” y todo el mundo se instale “en una situación de normalidad”. ‘

Deutsch-amerikanische Beziehungen : Kanzlerin lehnt Einreiseverbot ab , 30 Januar 2017
Die Bundeskanzlerin bedauert die von der US-Regierung beschlossenen Einreisebeschränkungen in die USA. Dies erläuterte sie US-Präsident Trump in einem Telefonat am Samstag. Weitere Themen des Gesprächs waren die Nato, der Kampf gegen den Terrorismus und der bevorstehende G20-Gipfel.

Thinktank comments

The Long-Term Economic Wreckage of Trump’s Travel Ban / by Anne Kim, Washington Monthly, 1 February 2017
‘After weeks of silence, U.S. business leaders have become increasingly critical of President Donald Trump’s announced ban on refugees and immigrants from seven Muslim-majority countries.’

The refugee ban and what comes after / Jessica Brandt, Brookings, 1 February 2017
‘In short, regardless of whether or not its lawful—and substantial evidence suggests that it is not—the order is harmful to America’s national security interests. It weakens a critical alliance, drives instability in the Middle East, and is likely to fuel anti-Americanism and perhaps even terrorism at home and abroad.’

Was Trump’s “Muslim ban” intentionally malevolent or merely incompetent? / Joseph Cassidy, Foreign Policy, 31 January 2017

Five Reasons Congress Should Repeal Trump’s Immigrant & Refugee Ban / By David Bier, Cato Institute, 28 January 2017
‘President Trump signed an executive order yesterday that would ban all Syrian refugees and almost all refugees from all countries from entering the United States for six months, while cutting the overall annual limit for refugees in half and banning for at least 90 days all immigration from seven majority Muslim countries. It implies that this ban could continue indefinitely for certain countries. These policies will not improve national security and will undermine America’s efforts to combat Islamic extremism and terrorism around the world.’

In President Trump’s First Week, ACLU Hands Him First Stinging Rebuke / By Anthony D. Romero, ACLU Executive Director, 28 January 2017
ACLU blocks Trump’s unconstitutional Muslim ban. This is a remarkable day. When Donald Trump was elected president, we promised that if he tried to implement his unconstitutional and un-American policies that we would take him to court. We did that today. And we won.

Trump Era Casts New Shadow Over Refugees / Jeff Crisp, Chatham House, 31 January 2017
‘The international community’s response to the global refugee crisis was already inadequate. President Trump is now putting even the small steps achieved so far in doubt.’

Trump’s Reckless Muslim Ban Makes Americans Less Safe / By Ken Gude, Center for American Progress, 30 January 2017
‘President Donald Trump’s Muslim ban not only has nothing to do with preventing terrorism, it also helps the Islamic State, or IS, and makes Americans less safe.’

Slapdash Trump order ignores real danger / Max Boot, US Today & Council of Foreign Relations, 29 January 2017
‘His xenophobic edict doesn’t address our vulnerability to Americans radicalized from afar.’

Foreign Affairs and Development MEPs deeply concerned about “US travel ban ” / Development and cooperation / External relations, 31 January 2017
‘The US administration’s ban on citizens from seven Muslim-majority states entering the country could “seriously undermine current global efforts towards a fair international sharing of responsibilities for refugees”, said Development and Foreign Affairs MEPs in a joint resolution voted on Tuesday. ‘

Press articles

Merkel gegen Trump : w enn kritische Distanz nicht reicht , Spiegel Online, 30 January 2017
Was ist die richtige Balance zwischen Kritik an und Kooperation mit dem US-Präsidenten? Trumps Dekret zum US-Einreiseverbot empört Kanzlerin Merkel – und überschattet ihren ersten diplomatischen Erfolg gegen ihn., Spiegel Online,  30.01.2017

Ungefragt nimmt Merkel Stellung zu Trumps Einreiseverbot , Die Welt, 30.01.2017

Early wins against Trump immigration order may not last / Politico Europe, 30 January 2017.

Theresa May does ‘not agree’ with Trump’s refugee ban ,, 29 January 2017
UK prime minister backtracks after criticism of her reluctance to condemn US policy

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