House Passes Another Democrat Attempt to Limit Executive Power…

by akoloy



The House on Wednesday voted largely on occasion strains to advance a invoice that limits the president’s authority to difficulty journey bans on overseas nationals from coming into the United States.

House Democrats launched the invoice, often known as the National Origin-Based Antidiscrimination for Nonimmigrants (NO BAN) Act, as a response to former President Donald Trump’s 2017 travel ban that restricted entry for overseas nationals from a number of terror-prone international locations. The initiative drew opposition from Democrats and activists, who dubbed the measure as a “Muslim ban” as a result of Trump’s preliminary order largely named international locations with a predominantly Muslim inhabitants.

The Trump administration has all along pushed back in opposition to such a characterization, arguing it was unfair and discriminatory as greater than 40 Muslim-majority international locations weren’t included within the ban, and that the ban was centered on nationwide safety fairly than faith.

The order was modified a number of instances to take away and include different countries in the action. The U.S. Supreme Court additionally upheld a model of the ban in a 7-2 decision in 2017.

On Wednesday, the invoice for the NO BAN Act handed with a 218-208 vote, with all Democrats and one Republican voting to move the invoice. It will advance to the Senate for consideration.

This is the second time the invoice has handed a Democrat-controlled House. In 2020, the Democrat measure additionally passed the House on partisan lines.

The function of the NO BAN Act, in line with the sponsors of the invoice, is to ban spiritual discrimination in immigration-related government selections until that discrimination is allowed underneath legislation.

If the president determines a have to quickly prohibit entry of any overseas nationals, she or he should seek the advice of with the State Department to evaluate whether or not the restriction would handle the particular threats to U.S. pursuits resembling nationwide safety or public security, the bill summary states.

The invoice additionally units out pointers for crafting such restrictions, together with requiring a “compelling” purpose for the federal government to intervene and to make sure that any bans are narrowly utilized within the least restrictive method.

The State Department and Department of Homeland Security should additionally inform Congress about any proposed restrictions 48 hours earlier than it’s imposed.

The legislation additionally offers a authorized explanation for motion to permit people in America to sue in a federal court docket if they’re harmed by the restriction.

“The NO BAN Act strengthens the Immigration and Nationality Act to prohibit discrimination on the basis of religion. And it restores the separation of powers by limiting overly broad executive action to [issue] future religious bans, which are fundamentally un-American,” House Speaker Nancy Pelosi (D-Calif.) mentioned on the chamber flooring in support of the bill.

Rep. Judy Chu (D-Calif.), the principle sponsor of the invoice, in her speech on Wednesday criticized Trump’s coverage and sought to characterize the previous president’s motion as a “religious” ban.

“We must make sure no president is ever able to ban people from coming to the U.S. simply because of their religion,” she informed the House chamber.

Meanwhile, the invoice has confronted opposition from most Republicans who argue that the invoice would undermine the president’s capability to take pressing motion to guard America’s nationwide safety and public security.

“President Trump invoked this authority against countries that were hotbeds of international terrorism and were not cooperating with the united states in providing basic information about travelers coming from these countries,” Rep. Tom McClintock (R-Calif.) mentioned. “Now, the left calls it a Muslim ban. What nonsense.”

“The president’s ability to protect against threats, negotiate security protocols, and when necessary, to retaliate against discriminatory actions by other actions depends on his having this power at his immediate disposal. This bill instead forbids the president from taking action until he can show it’s the weakest possible measure at his disposable.”

House Republican Leader Kevin McCarthy (R-Calif.) additionally criticized the hassle, arguing that there are extra urgent points that Congress must be addressing, such because the humanitarian disaster on the U.S. Southern border fairly than “wasting its time on recycled legislation.”

“We simply need to return to commonsense border security policies that work. We need to finish the wall and deploy technology to the border. We need to fully reinstate the Remain in Mexico policy and maintain the robustly implemented Title 42 authority. We need to require a negative COVID test before releasing migrants. I think that would be common sense,” McCarthy mentioned.

On his first day in workplace, President Joe Biden issued an executive order to undo Trump’s policy. Biden accused his predecessor of discriminating in opposition to Muslims and African nations. Trump’s actions centered on a small variety of majority-Muslim international locations and a few African international locations.

The international locations affected by the travel ban previous to Biden’s revocation have been Eritrea, Iran, Kyrgyzstan, Libya, Myanmar, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

Trump in a statement this month urged Biden to reinstate the journey ban as a part of efforts to defend the United States in opposition to terrorism.

“If Joe Biden wants to keep our Country safe from Radical Islamic Terrorism, he should reinstitute the foreign country Travel Ban and all of the vetting requirements on those seeking admission that go with it, along with the refugee restrictions I successfully put in place,” Trump mentioned in an announcement.

“To keep terrorism and extremism out of our country, we need to have smart, commonsense rules in place so we don’t repeat the many immigration mistakes made by Europe, and the USA prior to ‘Trump.’”

Ivan Pentchoukov contributed to this report.



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