Donald “Trumps” Immigrant’s Entry

Must Read

India’s International ‘Retrospective Taxation’ Regime Vis-a-Vis PCA Rulings in Vodafone and Cairn in 2020

The imposition of retrospective taxation of foreign companies doing business in India has been at the helm of controversy...

What is the Real Estate (Regulation and Development) Act, 2016?

The Real Estate (Regulation and Development) Act, 2016 (“RERA”) is an Act of the Parliament. It seeks to protect...

Should the Exorbitant Amounts Charged for RT-PCR Tests be Refunded?

Introduction A plea has been filed in the Honourable Supreme Court of India seeking a refund of exorbitant amounts charged...

Should CCTV’s be Installed in the Police Station?

Introduction In a recent judgment, the bench led by Justice Nariman issued directions to both the state and Union Territory...

A Legal Analysis of the West Bengal Political Crisis on IPS Deputation

The Ministry of Home Affairs (MHA) has recently summoned three IPS officers of West Bengal (WB). The decision was...

Explained: Postal Ballot for NRIs

At the end of November 2020, Election Commission sent a proposal to the law ministry to amend the Representation...

Follow us

Extremist and islamophobic are terms one wouldn’t associate with a head of state on a normal basis, but then the incumbent and newly elected 45th president of the United States of America, Mr. Donald Trump, is being called just that.

The United States had always been a projection of tolerance and the bedrock values that define the nation include being welcoming and becoming a safe home to people suffering from terrorism. However, Mr. Trump throughout his campaign had always maintained an anti-Islamic narrative and true to his election propaganda Mr. Trump has put a blanket ‘travel ban’ on 7 Muslim-majority nations for the next 90 days and suspended entry of refugees into the States for the next 120 days which has in effect banned more than 200 million people from the United States. The travel ban has been termed by most as a ban on Muslims and the Islamic community in general.

The 7 banned countries are Iraq, Syria, Iran, Yemen, Somalia, Sudan and Libya.

In the aftermath of the executive order being signed chaos, confusion and despair followed at airports and ports due to the fact that there are approved refugees, valid visa holders and non-US dual citizens who have been banned from entering the states or are ordered out of the states as well as a result of the ban. Many immigration lawyers have advised people against leaving the country in the apprehension that may not be allowed to re-enter. Apart from being barred from the United States, people within the country who have their families in the 7 banned countries are at a risk of being separated from their families.

On the business front, companies such as Google, having employees from across the globe are the hardest hit and this ban will most likely have a bearing on the hiring and trading policies of such companies.

While the White House has denied the tag of ‘Muslim ban’ and has claimed that it is a mere extension of and similar to the policy of 2011 that the then President Obama had followed wherein he had banned visas of Iraqi refugees for a period of 6 months, yet this defense has been quite hard to sell as even though prima facie it is not a ban on Muslims but on the people of the 7 banned nations in general but Muslims are bound to be discriminated on the basis that after the initial 120 days the minority, i.e. Christians, would be exempt from the ban.

Apart from being ridiculed, another attack on the executive order was the legality (or illegality) of the order. While the executive order was being signed, people from the 7 banned countries, with valid visas and airline tickets were already in transit to the States and were stopped and detained in the airports causing a chaos. On Saturday night, however, a federal judge, Judge Ann Donnelly granted an emergency stay for the people in transit and those who have arrived stating that they cannot be deported back although the same stay order does not state immediate release of the persons detained at the airport. The order stated that government could not deport the individuals as “The petitioners have a strong likelihood of success in establishing that the removal of the petitioner and other similarly situated violates their due process and equal protection guaranteed by the United States Constitution,”

The legal opponents of the order have voiced their oppositions mainly on two fronts: First, it violates the first amendment – freedom of religion – by setting an unconstitutional religious test. Second, violation of the Fifth Amendment – due process of law. However, it may be notable that the Supreme Court has, as a matter of precedent, granted wide powers to the President over the nation’s boundaries. Thus, legally, there may not be a proper recourse out of it.

The question that arises next is that whether such a ban would indeed weed out radical Islamism and make America a safer place. The answer does not seem to be rather convincing given the fact that all major attacks, since the 9/11 attack on the twin towers, have been the handiwork of American citizens or legal permanent residents i.e. people who had no formal training, although they have claimed allegiance to, the ISIS or al-Qaeda. The ban looks comical when placed in light of the fact that 15 out of the 19 attackers involved in the 9/11 were from Saudi Arabia and the rest of Lebanon, Egypt and UAE, the base of Taliban and Al-Qaeda. Pakistan and Tunisia, the highest contributors to the ISIS army, have not been added to the list.

Experts in the field have raised the concern that fighters who have fought in Syria and have European Union passport should be allowed to enter America without a visa and the latest order has no remedy for the same.

The order in fact can rather end up in having an aggravating effect by strengthening the anti-US narrative amongst the extremists by projecting that this ban is against and targeted for a race and a nationality rather than upon terrorism, which is convincing as Mr. Trump had himself in his campaign called for “total and complete shutdown of Muslims.”


While the executive order as was expected has received a lot of backlash a particular school of thought, reflected by former Pakistani cricketing maestro and present head of Pakistan’s second largest political party, Imran Khan has stated that he indeed welcomes such a travel ban and would have been rather glad if it had Pakistan on its list. The reasoning for his thought was that it would-would force countries to fix their own internal policies rather than depending on the United States to do the same.

And if one was to look at it objectively, and if this is indeed his end goal, then it is highly beneficial for the Trump government and the United States in the long run to change the status quo and shake up the government to have a bottom-up change in its policy as even after billions of dollars being spent on the US-Muslim interaction and “winning hearts and minds” the outcomes have been far from welcome and the consistency of the rise of corrupt leaders, political instability and the resultant failure to deal with terrorism have been nothing short of appalling.


Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -