http://www.huffingtonpost.com/entry/58922d69e4b0f009905272bc?timestamp=1485983968492
“The ACLU Executive Director, Anthony D. Romero, claims that President Donald Trump’s Executive Order suspending the admission of aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen for 90 days is “a Muslim ban wrapped in a paper-thin national security rationale.”
. . . .
President Trump’s Executive Order directs the Secretary of State and the Director of National Intelligence to determine what information is needed from any country to decide whether one of its nationals who is seeking admission to the United States is who he claims to be and is not a security or public-safety threat.
The Executive Order also requires finding out which countries will be willing to provide the needed information. If the governments of the seven designated countries agree to provide this information, the ban will not be extended, but their nationals will have to pass through the new screening process to get a visa to come to the United States.
In the meantime, the Executive Order permits the Secretaries of State and Homeland Security to waive this ban on a case-by-case basis when a waiver is in the national interest.
DHS already has applied this waiver to the entry of nationals from those countries who are lawful permanent residents returning from a trip abroad. He has stated that, “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.”
It certainly would have been better if President [Trump] had provided more guidance on such waivers and set up procedures for requesting them before issuing the Executive Order. He also could have delayed its effective date to prevent people from being caught by it in transit to the United States.
Nevertheless, it is apparent that it is not “a Muslim ban wrapped in a paper-thin national security rationale.”
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Read Nolan’s full article which develops his legal arguments further at the above link.
PWS
02/01/17