Ending the Travel Ban (or was it a Muslim Ban?)

Mar 5, 2021 | 2021, Immigration, Presidency | 0 comments

By Nadiya Khaydari (JMU ‘22, Political Science and Economics) and Diego F. Salinas, Woodson Martin Democracy Fellow.

On his first day in office President Joe Biden, the 46th President of the United States, signed an executive order ending a number of Trump administration executive orders and proclamations which placed a ban on travel from several countries where the majority of the population is Muslim. The policy became widely known as the “Travel Ban” or “Muslim Ban.” After a number of cases and changes, the latest list of countries included: Iran, Libya, Somalia, Syria, Yemen, North Korea, Venezuela, Nigeria, Myanmar, Eritrea, Sudan, and Tanzania. Each country had a number of different restrictions put upon them. Read on to learn more about the travel ban and what to expect under the Biden administration.

Let’s Get the Basics: Order vs Action vs Proclamation vs Memoranda 

What is the difference between presidential order, action, proclamation, and memoranda? All of these terms are used interchangeably in the media as each administration uses these documents in different ways. Reason being that there’s no written definition to distinguish the difference between all, but they have different characteristics. Executive Action is an overarching name for the three specific actions that could be taken by the President, which are executive order, proclamation, and memoranda.

Executive orders are numbered which makes them easier to track. They are issued by the President and directed to government officials and agencies under the Executive branch. Orders have the force of law which makes them more assertive than memorandums. Executive orders are also published in the Federal Register, which is a daily journal published by the National Archives and Records Administration’s Office of the Federal Register.

Proclamations “deal with the activities of private individuals.” They don’t carry legal effect unless the President is given the authority over private individuals by the Constitution or a federal statute. Proclamations are used for ceremonial purposes, like announcing National African American History Month.

Memorandums are similar to Executive Orders with a few exceptions. Memorandums are not not numbered, making it harder to track. They are not required to be printed in the Federal Register.

What is the Travel Ban or Muslim Ban?

On March 6, 2017 former President Donald Trump signed Executive Order 13780, also known as Protecting the Nation From Foreign Terrorist Entry Into the United States, and came to be know as the “Travel Ban” by supporters and the “Muslim Ban” by those who opposed the idea. The original order included Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen and  banned citizens of these countries from visiting the U.S. for 90 days. Additionally, no refugees from these countries were allowed into the U.S. for 120 days and the order put an indefinite stop on Syrian refugees. Executive order 13780 removed Iraq due to significant efforts made by the country in partnership with the U.S. to reduce the influence of ISIS within its borders. Additionally, the new order provided exemption to those with visas and green cards.

On September 24, 2017, Proclamation 9645, Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the US by Terrorists or Other Public Safety Threats, was signed by President Trump. This proclamation added Chad, North Korea, and Venezuela to the list of the restricted countries. Even though Venezuela was added to the list, the restrictions only applied to high ranking officials and their immediate family members.

Proclamation 9723, Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the U.S. by Terrorists or Other Public-Safety Threats, was signed on April 10, 2018 by President Trump. This proclamation removed Chad from the list of suspended countries on the basis of notable improvement in information sharing. The proclamation also mentioned Libya’s efforts to improve information were not adequate enough to meet the baseline criteria.

Proclamation 9983, Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the U.S. by Terrorists or Other Public Safety Threats, was the last update to bans signed on January 31, 2020 by President Trump. The proclamation added the following countries to the list: Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, Sudan, and Tanzania.

While all of these changes were made to the original executive order, there were also several legal actions against the order even as the ban was allowed to go into effect.  On June 26, 2018 the Supreme Court upheld the Trump administration policy in 5-4 vote. As part of a settlement agreement in a civil rights lawsuit filed by the ACLU challenging the Trump Administration’s ban on refugees, the federal government was ordered to prioritize the processing of dozens of refugee cases affecting hundreds of people in the United States and abroad.

What’s happening now?

On his first day in office, President Biden ended the Ban by issuing a Presidential Proclamation revoking Executive Order 13780 and Proclamations 9645, 9723, and 9983.

The proclamation also calls for the Secretary of State to direct all Embassies and Consulates to resume visa processing, consistent with applicable laws and processing procedures, including any related to Coronavirus disease 2019 (COVID-19). It calls on the Secretary of State to provide a report to the president that includes:

  1. Number of visa applications that were considered for a waiver under the Trump order;
  2. A plan to expeditiously adjudicate pending visas mentioned above;
  3. A proposal and plan to reconsider “visa applications [that] were denied on the basis of the suspension and restriction on entry imposed by Proclamation 9645 or 9983”;
  4. A plan to make sure that those re-applying are not discriminated against on the basis of prior denial imposed by Proclamation 9645 or 9983.

Finally, the proclamation calls on the Secretary of State and the Secretary of Homeland Security, in consultation with the Director of National Intelligence to issue a report that includes analysis relevant to information-sharing on screening and vetting processes, strengthening partnerships between foreign countries and the United States; and recommendations on the use of social media practices in screening and vetting procedures.

The Fallout and Aftermath

Though its stated purpose was to protect “citizens from terrorist attacks” the reality is that the Trump administration’s ban severely disrupted the lives of individuals seeking refuge from war, needing medical attention, and those pursuing career or education opportunities. Critics considered it Islamophobic and xenophobic in its nature

Trump’s dislike towards the Muslim community is evident because of the negative and harmful remarks he has made towards the community on the campaign trial and in office. As a consequence of the Muslim Ban, bias and violence against Muslim Americans has increased since 2017. In the wake of the 2019 white terrorist attack that targeted two New Zealand mosques Nihad Awad, leader of the Council on American-Islamic Relations (CAIR), said that “The perpetrator of this terrorist attack has been inspired by hate-mongers in the United States and in Europe. The perpetrator of this horrific and terrorist attack today referenced President Trump in his manifesto.”

In addition to heightened hostilities towards Muslim communities, the Muslim Ban has thrown countless lives into turmoil, like Negar from Iran, a graduate student who lost her mother to COVID-19. Negar couldn’t see her for four years due to the ban. It is undeniable that refugees and tourists (including international students) have a great impact on the U.S. economy. People who had waited for years to complete their immigration or asylum processes to the United States suddenly found themselves rebuked by the order. Though the Biden administration has ended the ban on paper, there remain thousands of individuals whose immigration or refugee processes were complicated by the ban. Many are now calling for the cases of individuals affected by the ban to be expedited as a way to offer relief for those in critical situations. Though the repeal of the ban is a step forward in ameliorating the harms done by President Trump’s xenophobic policy, the road ahead to making things right is long and winding.

Discussion Questions

  • Many people who were on the cusp of finalizing their immigration to America found the door closed in their face due to the ban. What can be done to make things right for those affected?
  • The No Ban Act seeks to “amend the Immigration and Nationality Act (INA) to prohibit discrimination on the basis of religion and ensure that no president will ever again be able to ban an entire community without accountability.” What are other ways that discrimination affects immigration policy and processes?
  • President Trump created the Muslim Ban through executive action. President Biden removed the Muslim Ban through executive action. What role should executive action play in our immigration system?

Further Reading

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