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Two reasons President Trump's revised travel ban may not stand

President Donald Trump received a good deal of negative press over an executive order issued on January 27th. The order, dubbed a travel ban by critics, imposed a 90 day ban on travels from six predominately Muslim nations. Those opposing the ban further critiqued it by calling it a Muslim ban, pointing to language within the order allowing preferential treatment for those coming from these countries that were of a "minority religion."

The ban was ultimately blocked by a federal appeals court. In an attempt to move his immigration policy forward, President Trump recently issued a revised order.

How is the revised order different from the original? As noted in a recent piece by the New York Times, the revised order has a number of differences from the previous version.

Two primary differences include removal of Iraq from the list of banned countries and removal of the language about those who are of a minority religion in those areas receiving preferential treatment.

Will the revised version of the order stand? Critics contend that this version will face the same opposition and legal issues as the original. Two reasons supporting this contention:

  • Too little, too late. Opponents who claim the original order was a prejudicial Muslim ban state that removal of the language noted above is nothing more than a "cosmetic change." As such, their arguments against the original order apply to this revision as well.
  • Lack of data to support allegations. As with the original proposal, critics point to the fact that none of the recent terrorist attacks in the United States were completed by people from nations listed on the ban. This fact will likely be used to support future challenges to this revised ban.

Although the fate of the revised order is not yet known, it is likely that the revision will face scrutiny.

What about those who are impacted by the order? Immigrants, those who are traveling to the United States and others who are impacted by this order are likely concerned about its potential negative impact.

Those who find themselves attempting to navigate exactly how the order will impact their situation are wise to seek legal counsel to help better ensure their legal rights are protected.

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