DHS Needs to Listen to the Courts and Stop Following Trump’s Muslim Ban

Trump’s aggressive executive order to ban refugees and block people traveling from certain Islamic countries caused a lot of problems this weekend. Though federal courts pretty quickly put a pause on the restrictions, some members of the Department of Homeland Security (DHS) continued following the president’s order anyway.

Accordingly, we are asking Secretary of Homeland SecurityJohn Kellyto adhere to the courtsorders with this urgent Care2 petition. Refugees, green card holders and international travelers should not be treated like criminals at the whim of the president.

In an official statement, the DHS said both that it will “comply with judicial orders” while also “enforc[ing] all of the president’s executive orders.” Because these orders are at odds, however, airports have been in chaos, with some listening to the courts and others following the commandment of the president.

It doesn’t have to be that chaotic, though. DHS and other agencies aren’t in a position of having to disobey one parent to please the other. There is a clear order to our rule of law that necessitates they listen to the courts on this matter.

Our republic quite deliberately has a system of checks and balances. When the president issues an order that doesn’t seem to fall in line with the constitution, the judicial branch can step in to say that the president has overstepped his authority.

This weekend, judges couldn’t hand down their rulings fast enough. In a short span, a total of four federal judges put on a hold on Trump’s executive order. This wasn’t “one activist judge” taking a stand against Trump, this was four separate judges in four separate states agreeing that Trump did not appear to have the right to implement some of these travel restrictions.

The ACLU, which was responsible for filing court proceedings so quickly, reported receiving record-setting donations this weekend. The $24 million it raked in is the same amount the organization typically fundraises in six years.

This weekend, stories of the treatment of Muslim travelers was heartbreaking. Some families were detained for a full day without any food. Some were handcuffed for their lengthy detainment. Some were questioned about their religious beliefs and their views on President Trump. Some had their social media profiles searched on their cellphones. Some had their green cards physically taken away. Some were deported back to other countries.

It’s unbelievableto think that hundreds of innocent people who had the legal right to enter the country just a day prior were suddenly being treated like criminals.

Despite the chaos, President Trump himself tweeted this morning that his travel ban “is going well with very few problems.” As for the problems that did exist, he blamed them on a Delta computer outage “and the tears of Senator Schumer.”

Other top Republicans have sat by quietly in the face of this crisis. VP Mike Pence and Speaker of the House Paul Ryan both unambiguously stated an opposition to placing restrictions on Muslims entering this country during Trump’s campaign, but have decided that they are in favor of it now that Trump has enacted it.

Sally Yates, the former attorney general, told her team of lawyers not to bother defending Trump’s travel ban. “I am responsible for ensuring that the positions we take in court remain consistent with this institution’s solemn obligation to always seek justice and stand for what is right,” said Yates. “At present, I am not convinced that the defense of the executive order is consistent with these responsibilities nor am I convinced that the executive order is lawful.”

Later on Monday night, Trump fired Yates for defyingthe ban.

According to the DHS, Trump’s team never even bothered to run the plan by the agency before signing it. Customarily, agencies that will be impacted by an executive order as the DHS very much is in this particular case will have a chance to weigh in prior to an executive order going into effect. The DHS couldn’t even scrutinize the legality of the order until after Trump announced it.

As such, a lot of DHS employees, including the TSA, showed up to work unaware that changes had been made. They learned something was up from the sudden influx of protesters at the airport.

That may be an excuse for some of the initial confusion, but there’s no excuse for not listening to the courts moving forward. Remind the head of DHS to do just that by adding your name to this petition.

Photo credit: Sean Regan

124 comments

Jack Y
Jack Y10 months ago

thanks

SEND
Jack Y
Jack Y10 months ago

thanks

SEND
John J
John J10 months ago

thanks for sharing

SEND
John J
John J10 months ago

thanks for sharing

SEND
Siyus C
Siyus Copetallus1 years ago

Thank you for sharing!

SEND
Marie W
Marie W2 years ago

Thank you for sharing!

SEND
Sarah H
Sarah Hill2 years ago

Trump absolutely has the authority to impose that temporary ban from those counties. That is one of his powers, and his alone!

SEND
Rhoberta E
Rhoberta E2 years ago

@ Dan Blossfeld
If you have to be told hundreds of times the exact SAME information as Brian F does here then I would worry about your comprehension. After awhile a person is completely desensitized and the message is lost..

SEND
Dan Blossfeld
Dan Blossfeld2 years ago

David Y.,
I think his comments have some merit. By all measures Trump was the worst and most disliked candidate of all time. So why did he win? The Democrats nominated the worst possible candidate they could. It should have been a cake walk for the Democrats. The party shoved their candidate down the throats of the people and the people revolted. The only reason that Clinton's overall numbers were better than Trump's was that she was generally liked on both coasts. She was more hated in the heartland and South than Trump. Unless the party learns from their mistake, Trump will serve a second term. Granted he good blow it all by himself and the people might vote for any candidate that the Democrats put forward.

Remember that the Republican party did not support him. They only came to his aid to fight Clinton. This is a shaky coalition that could fall apart at any time. If it looks like Trump will fail they will head to the exits in droves.

SEND
David Youmans
David Youmans2 years ago

Brian F...

Out of curiosity, why don't you try commenting on the subject matter of the article, instead of just attacking the Democratic party in every comment in every article?

It get very tiresome, and I thought perhaps you'd gotten past that foolishness by now. Our current problem is the Republican party and the insane guy that's currently occupying the White House, so why don't you focus on that issue for now since it's the really crucial one at present?

SEND