Trump’s travel ban 3.0 falls flat in court; why “lawless government” argument doesn’t work

Trump’s latest travel bans were struck down again last week.  In Hawaii, the decision was reported Oct. 17 with this copy of the opinion from the ACLU.  Ditto recently in Maryland.

The Hawaii judge actually cited a post by Cato’s Alex Nowrasteh noting that there have been no fatalities in the US from immigrants or travelers from those countries.  Cato had also provided an Amicus brief to Hawaii.

David Bier has contributed a major op-ed to the Washington Post, “Why bother?” to the Washington Post, here.   I think his most important argument is that visitors from countries with weak governments or weak security still bear the burden of proof when trying to enter that their purposes for a visit are legitimate.  In individual cases, some people may be able to prove legitimacy.  The overall statistical chances are that many will not.  In many cases, legitimacy would have to do with known family connections in the U.S.

There are good examples of this reasoning.  For example, in the Minneapolis area, there is a well established Somali community, which was never controversial, even after 9/11 (although there have been a few cases of attempted youth recruitment in more recent years in that area).

I’ll note that in my own information technology career, which started in 1971, I often encountered people from India and Pakistan, who dressed and behaved like ordinary Americans and simply never got into issues of religion at work (this was particularly true in the 1980s in Dallas). A major software bridge for an insurance company in Minneapolis that I worked for through Y2K and into the 9/11 period was coded entirely by a C++ (object oriented) and server technology guru from Pakistan who ran his own contracting company of advanced internals coding projects for corporate infrastructure.  He often hosted social events for other techies and no one ever thought anything of his religion.

(Posted: Monday, October 23, 2017 at 1 PM EDT)

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