The Balance of Powers Prevails

We were told to take him seriously, not literally. Many supporters assured the country that the policy promises coming from then-candidate Donald Trump would never actually be enacted and were harmless rhetoric.

And yet, within a week of his first term as President, we found out the hard way that Mr. Trump intended to govern the same way he campaigned, and there would be little effort to bring the country together.

On Jan. 27, the President issued an executive order banning people entering the United States from seven Muslim majority countries and placing a total freeze on the refugee program. The order also indefinitely denied Syrian refugees entry to the U.S. The President’s vague order, drafted with little input from the agencies that would have to implement it and with the intent to make good on his promise of a “Muslim ban,” was deeply at odds with the principles of religious liberty in a nation founded by people fleeing religious persecution.

As the Ranking Member of the House Permanent Select Committee on Intelligence, I am all too aware of the threats to our national security and regrettably this ban fails to address those threats. What’s more, by playing into the narrative that our enemies want to tell, and alienating our allies, it may make matters far worse.

The United States already performs thorough and secure background checks for refugees entering our country, a process that takes up to two years from start to finish. So there is a vetting process for refugees that is in fact more “extreme” than what we have for anyone else entering the country. Most European citizens, by contrast, can come to the U.S. with no visa at all, and there are thousands of Europeans who have returned home to their native countries after fighting in Syria and Iraq.

Thankfully, after days of confusion and distress caused by the travel ban, on Feb. 9, the 9th Circuit Court of Appeals upheld a temporary restraining order blocking the executive order nationwide. For now, immigrants and refugees will continue to be vetted and can enter the United States legally.

The Trump Administration is supposedly working on a new order that attempts to avoid the legal setbacks faced earlier this month. Yet drafting one that can pass legal muster will be difficult when top advisors and the President himself have touted the order as a Muslim ban. Courts will look skeptically on an effort to camouflage the same illegal policy under a different guise.

Although this order has been halted, the ramifications cannot be undone. Many with family or friends who are legally allowed to be in the U.S. aren’t sure if they will be refused entry when they try to return to America. And we have damaged our standing around the world, especially among Muslim allies whose assistance we need in the fight against groups like ISIS and al Qaeda.

That is why on Feb. 24 I will be hosting a conversation in my district to discuss this executive order and the status of the refugee program. I will be joined by representatives from the International Rescue Committee, Muslim Public Affairs Council, Jewish Family Service (an affiliate of the Hebrew Immigrant Aid Society), and the ACLU to talk about the plight of refugees, the legal issues and what you can do to help.

If there is one positive takeaway from the executive order, it is that our democratic institutions remain strong. The balance of powers is a critical element of our democracy, and the judicial branch, as well as Congress, will continue to play an important role in stemming any potentially unlawful or unconstitutional actions emanating from this White House or any other.

The United States is a nation built by immigrants, and it is heartening to see people voice their support for those adversely affected by the President’s executive order. I am proud of the volunteers who drove to airports to provide free legal counsel to those detained, and those who gathered in terminals to reassure immigrants and refugees that they are, in fact, welcome. These acts of kindness demonstrate that America remains great, because America remains good.