to the inclusion of North Korea and Venezuela (in the third Travel Ban) as intentional strategy on the part of the Trump Administration to overcome the First Amendment Establishment Clause challenge, holding that it violates the ‘separate of church and state’ mandate by facially discriminating against Muslim foreign nationals; and castigating an entire religion, Islam, as a faith conflated with ‘terrorism.’
The Ban, however, has a disparate effect on nationals from the six Muslim-majority states. It is not monolithic in effect. The Ban prohibits all immigrants (those intending on becoming legal residents) and temporary visitors holding tourist and business traveller visas from Chad, Libya, and Yemen. The scope of the Ban is far broader for Syria, restricting all immigrants and temporary visitors, regardless of the nature of the visa. Iranian immigrants are categorically barred by the Ban, while only holders of student and scholar (F, J, and M) visas may be permitted entry. Finally, Somali immigrants as a class are restricted from entry, while all visa holders will be subject to extra scrutiny.
This is the state of immigration policy for the foreseeable future. And from the perspective of nationals from Chad, Iran, Libya, Somalia, Syria, and Yemen seeking to join loved ones stateside, embark on studies or research, or commence a new career or life in the US, it is tantamount to a Muslim Ban.
The Supreme Court decision will have a direct and collateral effect on Muslim populations currently in the US. For visa holders from the restricted states, leaving and coming back into the country will be encumbered by more intense vetting and questioning at points of entry. Although the Ban does not cover lawful residents and American citizens that originally hail from the restricted states, it drives a wedge between them and family members, friends and loved ones.
This article has been excerpted from: ‘The US Supreme Courthas empowered Trump’s Islamophobia.’
Courtesy: Aljazeera.com