An Update On The Trump Travel Ban

January 05, 2018

An Update On The Trump Travel Ban

by Ian D Scofield

A while ago we wrote an article about what a travel ban could mean for police officers and other law enforcement officers.  As you already probably know, there have been numerous legal issues pointed out about Trump’s travel ban.  We are going to take a moment to look at the travel ban as it stands today so that you are up to date on what it could mean for you.

Multiple times since its original implementation, the travel ban has been challenged by states.  The most recent state to challenge that was Hawaii.  Late in December the Ninth Circuit Court of Appeals heard the case Hawaii V. Trump.  In that case it was up to that court to decide whether or not the president had the power to apply such a ban on travelers.

Their final decision was that the president had exceeded his power under the Immigration and Nationality Act by creating a list of countries from which travelers could be banned indefinitely.  By picking a select list of countries and by not having an end date for the ban, that the ban was not legal.  Yet again the travel ban was overturned.

Whether or not you support the travel ban, there have been effects on law enforcement from the ban.  One of the biggest is the constant encouragement of the president to ICE to deport illegal immigrants whether or not they are from a country that the travel ban affects.  This can put officers in a difficult position, as many cities have declared that they will not deport citizens.

Another issue that has come up is protests in regards to the travel ban.  These protests for the most part have been calmer than other recent protests.  It is still important that LEOs keep an eye on these protests because it only takes one person in the crowd to set off mob mentality.  However, with the recent overturning of the Trump Travel Ban, there is likely to be less people who are protesting.  This was a big step in the protestor’s favor.

There have been some articles around the internet about how police officers aren't eager or willing to support Trumps deportation or travel ban.  I don't care which stance you take on the issue but I do implore you to be careful when speaking publically about these issues.  A good separation should be made between what you say at work and what you say off-duty.  What is said at work can be construed as having the support of the department.

The decision that was made in this ruling had another important impact.  Federal Government members stated that the circuit court did not have the authority to hear the case on the Trump Travel Ban.  That would imply that the executive branch of the government had the authority to simply lay down laws that couldn’t be overruled by any court.  If the executive branch had unbridled power it would affect the balance of power that our government system is based on.  The Ninth Circuit Court heard the case anyways.  

There are three parts to our government:

  • The Executive Branch
  • The Legislative Branch
  • The Judicial Branch

Each branch was created to host the different parts of the government and was established so that no one part of the government had all of the power.

What are the next steps?  Since the Ninth Circuit Court isn’t the highest court in the land, the travel ban will likely be taken to the Supreme Court where it will be heard and a decision will be made on whether or not the ban is legal.

All of the points made by the Ninth Circuit Court were logical and it is likely that it will come to the same decision.  If so, I expect that Trump will come out with a fourth implementation of his travel ban.  So far, all of the negativity that has come from his past bans hasn’t discouraged him.  It is likely any other action will either.

It will also lead to personal complications between officers who have different beliefs.  Also between officers and civilians.  With this in mind, it is often a good idea to leave talk of these things to off-duty times.  This will prevent friction at work.

Across the country, and even the world, the Trump Travel Ban has brought up many mixed feelings.  It is time that you examine your own feelings and your stances on the ban.  What do you think, how do you feel, both of these and more questions, are ones that you might not have answers for but should be considered.  No matter what your stance or who you are, make sure that you stay safe out there!

 

 

About The Author:

Ian is a staff writer at APTI and hospital security officer at a major medical center who has a Bachelor of Arts in Criminal Justice with a Specialization in Administration of Justice.  He has held multiple positions in the security industry from patrol supervisor to auxiliary public safety officer.  At APTI he brings his writing skills to help further the careers of others and provide quality content.  Feel free to visit his freelancing site or his creative writing site.





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