{"slug":"trump-muslim-ban-expansion-third-country","title":"Travel Ban Expansions: From Muslim Ban to Permanent Entry Restrictions","date":"2017-03-06","lastUpdated":"2020-01-31","description":"After the original Muslim ban executive order was blocked by courts, the Trump administration issued three successive revised travel ban orders. The final version, upheld by the Supreme Court 5-4 in Trump v. Hawaii (2018), imposed permanent entry restrictions on nationals of six predominantly Muslim countries plus North Korea and Venezuela. Justice Sotomayor's dissent quoted Trump's own statements calling for a 'Muslim ban' and compared the ruling to Korematsu.","summary":"The travel ban evolved through three executive orders as earlier versions were blocked by courts for discriminatory purpose and due process violations. The third version added non-Muslim-majority countries to provide legal cover, and was upheld by the Supreme Court 5-4 in June 2018. The Court's majority expressly declined to consider Trump's public statements calling for a Muslim ban; Sotomayor's dissent quoted those statements at length and compared the ruling to Korematsu v. United States.","category":"civil-rights","severity":"extreme","ongoing":false,"sources":[{"url":"https://www.nytimes.com/2018/06/26/us/politics/supreme-court-trump-travel-ban.html","title":"Supreme Court Upholds Travel Ban","publisher":"The New York Times"},{"url":"https://supreme.justia.com/cases/federal/us/585/17-965/","title":"Trump v. Hawaii — Supreme Court Opinion","publisher":"Supreme Court of the United States"},{"url":"https://www.washingtonpost.com/politics/trump-called-for-total-and-complete-shutdown-of-muslims-entering-the-united-states/2015/12/07/","title":"Trump called for 'total and complete shutdown of Muslims entering the United States'","publisher":"The Washington Post"},{"url":"https://www.aclu.org/cases/trump-v-hawaii","title":"Trump v. Hawaii — Case Documents","publisher":"ACLU"}],"draft":false,"status":"published","tags":["Muslim-ban","travel-ban","immigration","civil-rights","first-term","Supreme-Court","discrimination"],"relatedEntries":[],"timeline":[{"date":"2015-12-07","title":"Trump calls for 'total and complete shutdown of Muslims'","summary":"Trump's campaign releases a statement calling for 'a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on.' The call is widely condemned as unconstitutional religious discrimination."},{"date":"2017-01-27","title":"First travel ban signed","summary":"Executive Order 13769 bans entry from seven predominantly Muslim countries (Iran, Iraq, Libya, Somalia, Sudan, Syria, Yemen) for 90 days and suspends the refugee program. Federal courts block it within days."},{"date":"2017-03-06","title":"Second travel ban — courts block it","summary":"A revised order removes Iraq from the list and makes other modifications. Multiple federal courts block this version as well, finding it still reflects discriminatory religious motivation based on Trump's prior public statements."},{"date":"2017-09-24","title":"Third travel ban — adds non-Muslim countries","summary":"Trump issues the third travel ban, Proclamation 9645, which adds Chad, North Korea, and Venezuela to the list of restricted countries — providing legal cover by including non-Muslim-majority countries. Courts again block aspects of it."},{"date":"2018-06-26","title":"Supreme Court upholds ban 5-4","summary":"The Supreme Court upholds the third travel ban in Trump v. Hawaii, 5-4. The majority declines to consider Trump's public statements about a Muslim ban. Sotomayor's dissent compares the ruling to Korematsu and quotes Trump's statements at length."},{"date":"2021-01-20","title":"Biden revokes travel ban on Day One","summary":"Biden revokes the travel ban by executive order on his first day in office, calling it 'a stain on our national conscience.'"}],"location":{"name":"Washington, D.C.","lat":38.9072,"lng":-77.0369},"custom":{"era":"first-term","posture":"judicial-finding","warCrimeClassification":"enabling","internationalLaw":[{"statute":"International Convention on the Elimination of All Forms of Racial Discrimination","article":"Article 1","provision":"Racial discrimination includes discrimination based on national origin or religion — the travel ban's disproportionate targeting of Muslim-majority countries constitutes religious discrimination"},{"statute":"International Covenant on Civil and Political Rights","article":"Article 18","provision":"Freedom of religion — travel bans targeting nationals of Muslim-majority countries on the basis of religion violate this right"},{"statute":"1951 Refugee Convention","article":"Article 33","provision":"Non-refoulement — the travel ban effectively barred asylum seekers from designated countries from reaching the U.S. to make asylum claims"}],"iccRelevance":false,"victims":"Nationals of Iran, Libya, Somalia, Syria, Yemen, and Chad (later removed) who were separated from U.S.-based family members; refugees blocked from resettlement; travelers with legitimate visas denied boarding","structuredPerpetrators":[{"name":"Donald Trump","role":"President of the United States","institution":"White House"},{"name":"Stephen Miller","role":"Senior Advisor; primary architect of travel ban policy","institution":"White House"}],"updateLog":[{"date":"2021-01-20","summary":"Updated with Biden revocation."}]}}