Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States

It is finally here. The latest attempt to restrict immigration also known as the “Muslim ban”.

First, there are a couple of provisions that are significant, even though they are stated toward the end of the order. They are:

  1. This order revokes Executive Order 13769 of January 27, 2017.
  2. The effective date of this order is 12:01 a.m. Eastern Daylight time March 16, 2017 – ten days from now.

It seems the urgency argument has lost out to the need for at least some semblance of advanced warning and time for clearing of the current pipeline.

The full order is lengthy and much of the early part reads more like a defense attorney’s arguments for why such an order is within the power of the president and why it is necessary, including references to the litigation over the previous order.

Overall, this order is much more thorough than its predecessor. While six of the seven countries previously named are still targeted (Iraq is treated as a special case), the list of exceptions for individuals appears to be more carefully constructed. Also, the case for these specific countries is more thoroughly stated.

I hasten to say I am no legal expert by any means, but my guess is this one will pass legal muster. That is not to say I think it is necessary or helpful.

Executive Order posted March 6, 2017.

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