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Asia Today ISSN 1861-4604 Sunday, December 17, 2017

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Trump has a new travel ban: Will it cross the legal hurdle?

Trump will apply to Chad, Iran and other countries

Share on Facebook September 25, 2017, Reporter : BNN, Reader : 429

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After a string of victories and defeats, U.S. President Donald Trump on Sunday signed a presidential proclamation with new restrictions on travel to the United States.

The revision in Trump’s most controversial executive order till date came a week before the President’s existing ban on visitors from six Muslim-majority countries was set to expire on Sunday - 90 days after it went into effect.

Senior administration officials have said that the new restrictions introduced by Trump will apply to Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen.

These countries, officials pointed out have all been deemed to have "inadequate" identity-management protocols, information-sharing practices, and risk factors. 

Further, travel limitations and unique restrictions to the foreign nationals of each country is being implemented by the U.S.

According to Acting Homeland Security Secretary Elaine Duke, Iraq did not meet the baseline but concluded that entry restrictions and limitations under the proclamation are not warranted. 

Officials said that Duke had recommended that nationals of Iraq who seek to enter the United States be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the U.S.

At the same time, the U.S. said it was easing restrictions on Iran, Libya, Syria, Yemen and Somalia and removed restrictions on Sudan altogether. 

New restrictions or additional vetting was introduced for four new countries that were found not to be in compliance with U.S. vetting procedures -- including Chad, Iraq, North Korea and Venezuela.

Commenting on North Korea, senior administration officials told reporters that the regime does not cooperate with the baseline requirements of the administration's ban. 

Adding that the lack of sharing between the two nations makes it difficult to validate the identification of those coming from North Korea and difficult for the U.S. to ascertain if a given individual is a threat to the country.

The new set of restrictions covered by the executive order will be implemented on October 18, in a "phased-in implementation period."

Officials added that the new order is intended to enhance vetting capabilities and processes for detecting entry to the U.S. by terrorists, as well as other public safety threats.

Following the announcement, Duke released a statement, in which she said that the revised order will "protect Americans and allow DHS to better keep terrorists and criminals from entering our country."

She added that the restrictions are "tough and tailored, and they send a message to foreign governments that they must work with us to enhance security."

Shortly after the proclamation was released, Trump tweeted, "Making America Safe is my number one priority. We will not admit those into our country we cannot safely vet."

As per the order, countries that were not already in compliance with the administration's protocols were given 50 days to make improvements.

Further, those individuals who are covered by the previous executive order that Trump signed but do not benefit from court-ordered exceptions will be covered from the time of signature of the proclamation. 

Officials added that the restrictions were a result of a "worldwide review based on a new baseline for information sharing and for vetting procedures for those seeking entry into the U.S.

The ban is currently "condition-based and not time-based.” 

This means that countries may come off the restricted list at some point in the future. 

Further, the Department of Homeland Security may also recommend new countries to the list as they closely monitor necessary compliance. 

In a bid to avoid the chaos at airports across the country and a flurry of legal challenges that came after Trump's first travel ban - officials have now said they worked for months on the new rules, in collaboration with various agencies and in conversation with foreign governments.

DHS said that the recommendations were based on a new baseline developed by DHS and sent its recommendations to the president with the list of non-compliant countries on September 15.

DHS reportedly flagged 15 countries.

After the Parsons Green bombing in London last week, Trump called for a "tougher" travel ban.

He tweeted, “The travel ban into the United States should be far larger, tougher and more specific-but stupidly, that would not be politically correct!"

Trump’s critics have accused that he has overstepped his authority and violated the U.S. Constitution's protections against religious bias. 

Meanwhile, the Supreme Court will hear arguments on the constitutionality of the revised travel ban on October 10.

BNN

 

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