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US President Donald Trump has signed a revised executive order for a US travel ban, leaving Iraq off the list of targeted countries, after his controversial first attempt was blocked in the courts.
Key points:
- Iraq's new vetting procedures cited as reason for being removed from list
- Legal residents, green card holders, refugees in transit reportedly exempt from new ban
- Indefinite suspension of Syria also scrapped
- Critics expect new executive order to face same uphill battle in courts as the last ban
The new order, which reportedly takes effect on March 16, will keep a 90-day ban on travel to the United States by citizens of six Muslim-majority nations — Iran, Libya, Syria, Somalia, Sudan and Yemen.
Iraq was taken off the list of countries in the original order, issued on January 27, because the Iraqi Government had imposed new vetting procedures, such as heightened visa screening and data sharing, and because of its work with the US in countering Islamic State militants, White House officials said.
Thousands of Iraqis have fought alongside US troops for years or worked as translators since the US-led invasion in 2003 — many have resettled in the United States following threats for working with US troops.
A White House official said the new executive order also ensured that tens of thousands of legal permanent residents in the US — or green card holders — from the listed countries would not now be affected by the travel ban.
More than two dozen lawsuits were filed in US courts against the original travel ban, and the state of Washington succeeded in having it suspended by the 9th Circuit Court of Appeals by arguing that it violated constitutional protections against religious discrimination.
The American Civil Liberties Union said it would attempt to block the latest order in court, arguing that it continued to discriminate on the basis of religion.
"We don't think the ban is necessary for national security," spokesman Lee Gelernt said.
"But it's not us saying it. It's national security experts, and high-ranking diplomats from both Democratic and Republican administrations in the past who have actually taken the time to file affidavits in court."
Mr Trump publicly criticised the judges who ruled against the first order and vowed to fight the case in the Supreme Court, but then decided to draw up a new order with changes aimed at making it easier to defend in the courts.
'New order proves original ban was indefensible'
But Washington state Attorney-General Bob Ferguson, who succeeded in having the previous ban suspended, said his office was looking into whether to proceed with litigation over Mr Trump's new order.
"The new order of course is drastically narrowed … that said, we're reviewing it carefully and still have concerns with the new order," he said.
"[However] by rescinding his earlier executive order, President Trump makes one thing perfectly clear: his original travel ban was indefensible — legally, constitutionally and morally."
Mr Trump's original order barred travellers from the seven nations from entering for 90 days and all refugees for 120 days. Refugees from Syria were to be banned indefinitely, but under the new order they are not given separate treatment.
"This executive order has scrapped that division and the indefinite suspension and has collapsed them into a single category of a 120-day suspension," the White House official said.
Refugees who are "in transit" and already have been approved will also be able to travel to the United States under the new order.
The Iraqi Foreign Ministry expressed "deep relief".
"The decision is an important step in the right direction, it consolidates the strategic alliance between Baghdad and Washington in many fields, and at their forefront war on terrorism," the statement said.
'A watered down ban is still a ban'
While the first order imposed restrictions immediately, the new directive would have an as-yet undefined implementation delay to limit the disruptions that created havoc for some travellers, the official said.
"There's going to be a very orderly process," a senior official from the Department of Homeland Security (DHS) said.
"You should not see any chaos so to speak, or alleged chaos at airports. There aren't going to be folks stopped tonight from coming into the country because of this executive order."
Mr Trump has maintained that the restrictive executive order for a travel ban is necessary to ensure domestic security.
"It is the President's solemn duty to protect the American people," Secretary of State Rex Tillerson told reporters after Mr Trump signed the new order.
"As threats to our security continue to evolve and change, common sense dictates that we continually re-evaluate and reassess the systems we rely upon to protect our country."
However, the leader of the minority Democrats in the Senate, Chuck Schumer, said he expected the revised order to have the same uphill battle in the courts as the original version.
"A watered-down ban is still a ban," he said in a statement.
"Despite the administration's changes, this dangerous executive order makes us less safe, not more, it is mean-spirited, and un-American. It must be repealed."
The new order launches a 90-day period for the DHS to define a new series of requirements for countries to have full participation in US entry programs.
For countries that do not comply, the US State Department, the DHS and intelligence agencies can make recommendations on what, if any, restrictions should be imposed.
"It's not an all-or-nothing scenario," the official said.
Reuters
Topics: donald-trump, world-politics, immigration, united-states, syrian-arab-republic, sudan, somalia, libyan-arab-jamahiriya, yemen, iraq
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