The issue could eventually end up before the U.S. Supreme Court. The ban was eventually blocked by a federal court on 9 February.
Also, language that put a priority on accepting “religious minorities” (aka Christians from those Muslim nations) in the first order is gone.
“This is not a Muslim ban in any way shape or form”, the Homeland Security official said.
Among the revisions, the new order will not apply to legal permanent residents and will leave Iraq off the list of countries whose residents would be temporarily banned. Trump’s senior aide Kellyanne Conway provided confirmation in an interview with Fox News on Monday.
President Donald Trump’s own Cabinet had trouble explaining the green card issue in the weeks following the original order.
“It is important to note that nothing in this executive order affects current lawful permanent residents or persons with current authorisation to enter our country”. Some legal scholars, including Alan Dershowitz, believe the administration could win at least a partial victory on those grounds. Under the original ban, Syrians would have been barred until Trump felt that “sufficient changes” had been made to screening procedures. It created mass confusion and protests at USA airports. The courts moved quickly to place the policy on hold.
The new travel ban replaces the previous version that sparked protests and court rulings.
The administration unsuccessfully appealed that decision; a three-judge panel maintained the block the following week.
That failure raised questions about the new White House’s capacity to govern and to master the political intricacies needed to manage complicated political endeavors in Washington. Unlike the original order, which went into effect immediately, contributing to early confusion, the new ban does not go into effect for 10 days.
Trump also said in an interview with the Christian Broadcasting Network on the day the first order was issued that it was meant to help Christian Syrians.
Administration officials are promising a smoother rollout this time, insisting the White House has cooperated with DHS, the State Department, and the Justice Department on drafting and implementing the new executive order.
Trump signed his original executive order in late January, sparking confusion and anger as travelers were detained at U.S. airports and barred from boarding flights at foreign airports.
The original ban prevented citizens from seven countries – Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen – from entering the United States for 90 days, and it suspended refugees from any country from entering for 120 days. Sean Spicer’s press briefing also happened off camera.
Despite widespread belief the first order was done in haste, Trump and other White House officials have repeatedly called it a success.
The order also maintained the same limit on refugee admissions for 2017 of 50,000, down more than 50 percent from the figure under former President Barack Obama. It is less clear whether other foreign nationals authorized to live in the country, such as students at American universities and employees of American companies, have viable due process claims, or whether USA citizens who have relationships with them might.
The president said the policy – dubbed a “Muslim ban” by his critics – would stop “radical Islamic terrorism” infiltrating the United States.