The Trump Travel Ban: Revoking America's Core Values
| Autor | José De Jesús Vega |
| Cargo | Third year law student pursuing a Juris Doctor from the InterAmerican University of Puerto Rico, School of Law. Obtained a Bachelor of Business Administration in Entrepreneurial and Managerial Development with a minor in Criminal Investigation from the InterAmerican University of Puerto Rico, Metropolitan Campus |
| Páginas | 27-52 |
272018
27
THE TRUMP TRAVEL BAN: REVOKING AMERICA’S CORE VALUES*
By: JOSÉ DE JESÚS VEGA**
ABSTRACT
On 2017, President Trump signed an Executive Order that created havoc
on America’s airports, embassies & consulates, and the world in general.
His actions sparked a debate worldwide and reignited the importance of
America’s historic values as a country which welcomes immigrants of all kind.
This present writing presents to its readers the basic concept of the travel ban
enacted by President Trump, the confusion and legal issues it raised as to the
President’s power in utilizing Executive Orders while going against not only
the values of the U.S., but against the Constitution and the Immigration and
Nationality Act in being a travel ban that is one discriminatory in nature. The
issue is that if a travel ban like this is to be enforced, then what will be the
limits. How can a country known for welcoming immigrants and being one
of opportunities promote such travel bans blocking many people because of
what passport they hold? The Trump travel ban has been revised in multiple
occasions, mostly during litigation. During the course we will see how a
Muslim-Ban disguised as a travel ban in the interest of national security has
been revised to try to overcome that presumption fruitlessly while avoiding
to conduct meaningful revisions in vetting procedures to avoid barring the
majority from entering the U.S. If a travel ban is acceptable to America,
then America has demonstrated a disregard to its history and values. More
importantly, a disregard in advancing human and cultural interests.
Keywords: Executive Order, Trump, Travel Ban, Immigration, Freedom of
Religion, National Origin
* Legal research article for the Journal of Critical Legal Studies for the Inter-American
University School of Law.
**
Third year law student pursuing a Juris Doctor from the InterAmerican University of Puerto
Rico, School of Law. Obtained a Bachelor of Business Administration in Entrepreneurial and
Managerial Development with a minor in Criminal Investigation from the InterAmerican
University of Puerto Rico, Metropolitan Campus.
REVISTA DE ESTUDIOS CRÍTICOS DEL DERECHO28 VOLUMEN 14
Summary: I. INTRODUCTION. II. THE PRESIDENTS POWER II.a. Executive Orders
III. THE ORIGIN IV. IMPLEMENTATION IV.a. Chaos in America’s airports V.
TRUMPM TRAVEL BAN SEENS COURTS V.a. “See you in Court” VI. TRAVEL BAN
2.0 VI.a. Round II: Freedom versus Trump VII. TRAVEL BAN 3.0 VII.a.
DOMESTIC TERRORISM VIII.a. Budget Cuts on Counterterrorism IX. INSIDE A
U.S. CONSULATE X. CONCLUSION
I. Introduction
“Give me your tired, your poor, your huddled masses yearning to breathe
free. The wretched refuse of your teeming shore. Send these, the homeless,
tempest-tost to me, I lift my lamp beside the golden door!”1
In 1903, this poem was engraved and mounted on the pedestal of the Statue of
Liberty, meant to welcome immigrants into the United States. It has since been
a symbol of freedom, of the American dream. “America has been a nation of
immigrants, starting with its original inhabitants, who crossed the land bridge
connecting Asia and North America tens of thousands of years ago. By the
settlements in what would become the United States. Eventually from the 1880s to
1920, many immigrants came to America seeking greater economic opportunity,
while some, such as the Pilgrims in the early 1600s, arrived in search of religious
freedom.”2
By 1965 Congress passed the Immigration and Nationality Act3 (INA) which
“abolished an earlier quota system based on national origin and established a new
immigration policy based on reuniting immigrant families and attracting skilled
labor to the United States.”4
of immigrants into the United States has suddenly become a selective gate which
the Middle East. Suddenly it does not feel like the United States welcomes all, but
across the globe, from airports to embassies, to the homes of those who sought
better lives seeking a new start in a new country.
1 Emma Lazarus, The New Colossus (1883).
2 History.com Staff, U.S. Immigration Before 1965, A+E Networks (2009), http://www.
history.com/topics/u-s-immigration-before-1965
3 Immigration and Nationality Act, 8 U.S.C. §§ 1101-1537 (2018).
4 History.com Staff, U.S. Immigration Since 1965, A+E Networks (2010), http://www.history.
com/topics/us-immigration-since-1965
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