Is Trump’s recent immigration executive order a Muslim ban or a temporary halt on immigration from Jihadist regions?

Benjamin Wittes at Lawfare sees it as “the symbolic politics of bashing Islam” in his essay Malevolence Tempered by Incompetence: Trump’s Horrifying Executive Order on Refugees and Visas:

Section 1. Purpose. The visa-issuance process plays a crucial role in detecting individuals with terrorist ties and stopping them from entering the United States. […]

Color me skeptical that this is the real purpose. After all, if this is the real purpose, then the document is both wildly over-inclusive and wildly under-inclusive. On the over-inclusive side, it will keep tens of thousands of innocent refugees who have been subject to unspeakable violence outside of the protection of the United States on the vanishingly small chance that these people might be terrorists—indeed, to make it impossible for them even to apply for refugee admission if they are Syrian. It will prevent untold numbers of people about whom there is no whiff of suspicion from coming here as students, as professionals, as tourists. It overtly treats members of a particular religion differently from other people.

On the underinclusive side, the order wouldn’t have blocked the entry of many of the people responsible for the worst recent terrorist attacks. […] The 9/11 hijackers, after all, didn’t come from Somalia or Syria or Iran; they came from Saudi Arabia and Egypt and a few other countries not affected by the order. […] But come now, how could Pakistan not be on a list guided by current threat perception?

[…] I have trouble imagining any reason to raise questions about whether green card holders who have lived here for years can leave the country and then return. Yes, it’s temporary, and that may lessen the costs (or it may not, depending on the outcome of the policy review the order mandates), but temporarily irrational is still irrational.

Put simply, I don’t believe that the stated purpose is the real purpose. […]

When do you do these things? You do these things when you’re elevating the symbolic politics of bashing Islam over any actual security interest. […] It will cause hardship and misery for tens or hundreds of thousands of people because that is precisely what it is intended to do.

For a contrasting opinion read Trump’s Executive Order on Refugees — Separating Fact from Hysteria over at National Review:

So, what did Trump do? Did he implement his promised Muslim ban? No, far from it. He backed down dramatically from his campaign promises and instead signed an executive order dominated mainly by moderate refugee restrictions and temporary provisions aimed directly at limiting immigration from jihadist conflict zones.

Third, Trump’s order also puts an indefinite hold on admission of Syrian refugees to the United States “until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.” This is perhaps the least consequential aspect of his order — and is largely a return to the Obama administration’s practices from 2011 to 2014. For all the Democrats’ wailing and gnashing of teeth, until 2016 the Obama administration had already largely slammed the door on Syrian-refugee admissions. The Syrian Civil War touched off in 2011.

[…]  While the Syrian Civil War was raging, ISIS was rising, and refugees were swamping Syria’s neighbors and surging into Europe, the Obama administration let in less than a trickle of refugees. Only in the closing days of his administration did President Obama reverse course — in numbers insufficient to make a dent in the overall crisis, by the way — and now the Democrats have the audacity to tweet out pictures of bleeding Syrian children? It’s particularly gross to see this display when the Obama administration’s deliberate decision to leave a yawning power vacuum — in part through its Iraq withdrawal and in part through its dithering throughout the Syrian Civil War — exacerbated the refugee crisis in the first place. There was a genocide on Obama’s watch, and his tiny trickle of Syrian refugees hardly makes up for the grotesque negligence of abandoning Iraq and his years-long mishandling of the emerging Syrian crisis.

[…]  Fourth, there is a puzzling amount of outrage over Trump’s directive to “prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.” In other words, once refugee admissions resume, members of minority religions may well go to the front of the line. In some countries, this means Christians and Yazidis. In others, it can well mean Muslims. Sadly, during the Obama administration it seems that Christians and other minorities may well have ended up in the back of the line.

[…] you can read the entire executive order from start to finish, reread it, then read it again, and you will not find a Muslim ban. It’s not there. Nowhere. At its most draconian, it temporarily halts entry from jihadist regions. In other words, Trump’s executive order is a dramatic climb-down from his worst campaign rhetoric.

Both articles are worth a read.

You can also read the actual text of the order here: Trump’s Immigration Executive Order

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