Two weeks later, still no revised executive order from Trump
Immediately after the Ninth Circuit put Trump's entry executive order on hold, Trump promised a revised executive order in just a few days. This was an emergency situation, we were told. Each day we were exposed to visitors from those seven dangerous countries was a day that America was put into danger.
Well, a few days passed, and Trump didn't issue a new executive order. A week later, and still no order. Two weeks later, and still no order.
With Trump's initial order blocked by a federal judge, the president railed at the courts for rulings that were "so dangerous" they were allowing potential terrorists to pour into the country. Meanwhile, one week passed and then another, with no revision of the travel ban unveiled, and aides repeatedly promising it would come in the next few days.
Former officials and immigration experts say that while they welcome the Trump White House's more deliberative approach, the delay seems to undercut the president's claims that it was important to rush the first one out because the nation was at risk.
However, the DOJ didn't offer a timetable for the new order's release, beyond saying it would be in the "near future."
This is pure incompetence on the part of the White House. Drafting an executive order of this nature is not complicated. It's very simple. The White House should issue a vague directive ordering customs officials to deny entry to any non-citizen who they believe might be a threat to the national security of the U.S. Period. It doesn't matter if this decision-making process is arbitrary, backed up with facts, or not backed up with facts.
The revised Trump order is likely to come under fire on the same legal grounds that were used to assault the earlier directive: that it unfairly deprives individuals of their due process rights and that it was tainted by religious prejudice.
The administration is also working to address another concern raised by judges: that the White House laid out no factual evidence to support the original travel ban, including its focus on the seven countries.
Once again, and let's say it all together, foreigners in other countries are not protected by our Constitution. They have no constitutional rights, and courts have no grounds to get involved. Trump should not be playing the courts' game of justifying his decision; he should be challenging their interpretation that non-citizens in other countries have constitutional rights.
Instead, his administration is running in circles, trying to create an order that will satisfy activist judges. Trump is playing the game by the judges' unconstitutional rules, and he is frozen into inaction. Meanwhile, terrorists of every stripe have easy access to America as long as they can buy an airline ticket.
Trump is not Obama. He has made some positive moves; the announcement of hiring 5,000 new border patrol and 10,000 ICE agents is great! Another great move is his plan to expedite the deportation of illegals caught:
Illegal immigrants who came through Mexico, were caught at the border and are now awaiting deportation proceedings could be shipped back to Mexico to wait, while those in the interior who have been in the U.S. less than two years could be kicked out under a fast-track deportation known as "expedited removal."
Trump is trying to do the right thing. But as long as he lets himself be paralyzed by unconstitutional rulings, we have an open door at every airport.
Ed Straker is the senior writer at NewsMachete.com.