The Ninth Circuit, the appeals court for the western United States, refused to lift the temporary restraining order placed on the executive branch earlier this month, effectively preventing the government from implementing President Trump’s recent immigration order.
The decision came down late Thursday from the Ninth Circuit’s three-judge panel, generally recognized as the most liberal of all 13 federal appellate courts. It signifies what is perhaps the first political victory for Democrats since November, despite the limited scope and temporary nature of the ruling.
Senate Minority Leader Chuck Schumer was quick to respond, demanding President Trump abandon the order entirely and “come up with a real, bipartisan plan to keep us safe.” The Minority Leader is likely to capitalize on this small victory, having tried unsuccessfully to obstruct Trump’s cabinet appointees for the last several weeks.
Sen. Schumer, and others, have been very vocal in their opposition to the executive order, which suspended immigration from seven countries closely linked to Islamic terrorism for a period of 90 days. According to the Trump administration, the measure was put in place so that the relevant federal departments could implement revised immigration criteria consistent with existing screening standards.
As a first-generation immigrant, my family and I were also required to conform to those same standards before being admitted into the U.S. — as is every foreign national who wishes to visit, work or live in this country. The process includes interviewing the Visa applicant, assessing his or her credibility and working with foreign governments to determine whether or not the applicant represents a threat to the national security of the American public. Each year, over 1 million people successfully complete this process and legally relocate to the U.S., making it the world’s most popular destination for immigrants.
Unlike the vast majority of nations, including most of those with predominantly Muslim populations, the seven nations affected by the President’s executive order lack the infrastructure and regional stability necessary to accurately screen immigrant applicants. Without background checks, government records or substantive intelligence, it is difficult — though not entirely impossible — to discern between lawful immigrants and malicious terrorists. Because of the lack of reliable data, these applicants require further intensive scrutiny before they can be admitted into the U.S., what President Trump refers to as “extreme vetting.”
The Obama administration was the first to recognize this in 2013, when it identified these seven countries — Iraq, Iran, Sudan, Syria, Libya, Somalia and Yemen — as nations of concern: Those most susceptible to terrorist infiltrations of immigrant applicant pools. In fact, President Trump’s executive order only refers directly to Syria — the other six nations are listed under the ‘Visa Waiver Program Improvement and Terrorist Travel Prevention Act’ of 2015.
Similarly, FBI Director James Comey — appointed by former President Obama — testified before Congress that the Agency could not ensure ISIS agents had not infiltrated Syrian refugee camps. Democrats are either fundamentally unwilling to accept this reality or, more likely, they still believe that the humanitarian cause itself is more important than the national security implications. After all, what difference does a few bad apples make if the U.S. can come to the aid of thousands of innocent refugees?
Well, if the terror attacks of 9/11, San Bernardino, Orlando, Boston, Brussels, Paris, Nice and so many others have shown us anything, it is that we should never underestimate the unimaginable devastation that can result from a small number of people driven by hatred. Of course, the U.S. must continue to provide relief to all those suffering from oppression and persecution, if it is to remain the greatest beacon of hope and freedom on Earth. However, without an appropriate means of protection from those who would seek to destroy it, America cannot survive as the ‘shining city upon a hill.’
National security and public safety are not just factors to be considered in the administration of some larger policy agenda: They are the preeminent functions of government. The safety and security of the American people — including native and naturalized citizens, visa holders and permanent residents — should be the driving force behind all foreign policy objectives and decisions.
If we set aside the cloud of hysteria and misinformation that surrounds the President’s agenda for a moment, perhaps Sen. Schumer and the American left can begin to accept the merits of his proposal and understand how he won the election in the first place.
Most Americans understand the need for border security and a reasonable system of immigration that can distinguish between aspiring Americans and would-be terrorists. These are not, as Chuck Schumer and the liberal media would have you believe, radical-right wing ideas. If Democrats continue to marginalize the mainstream, they will be hard-pressed to escape the minority in the future.
Democrats applaud judicial overreach, again
The views expressed in this column are those of the author and not necessarily those of The Observer.