New US travel restrictions are still ‘Muslim ban’: rights groups

After it was watered down, the Supreme Court allowed its implementation at the end of June, together with a 120-day ban on refugees. Meanwhile the highest court agreed to review whether it amounted to an unconstitutional Muslim ban on October 10.

But, in a sign that the new order could shape the way the issue is addressed, possibly even mooting the case, the Supreme Court on Monday postponed the hearing to be able to review new arguments.

On Sunday a senior government official told reporters that the new order, with two non-Muslim countries included, could not be construed as a Muslim ban.

“Religion, or the religious origin of individuals or nations, was not a factor,” he said.

“The inclusion of those countries, Venezuela and North Korea, was about the fact that those governments are simply not compliant with our basic security requirements.”

– ‘Rewriting the law’ –

But critics called that “window dressing.” One noted there were only eight visitors last year from North Korea, which does not have diplomatic relations with the United States.

Adding Chad, North Korea and Venezuelan government officials “does little to undercut the argument that the government is imposing a ban based on religion,” said Carl Tobias of the University of Richmond School of Law.

In addition, lawyers say Trump has over-extended his executive powers on placing limits on immigration.

“He’s basically rewriting the immigration law, entirely,” said Justin Cox, an attorney at the National Immigration Law Center and one of the lawyers making the arguments against the travel ban at the Supreme Court.

“If he can indefinitely ban people from these countries, he can indefinitely ban guest workers, he can indefinitely ban Mexicans, do basically whatever he wants,” Cox said.