BY : PRAGATI GOYAL
In 2017, it was the first time in US that immigrants were banned to visit US and travel banned was introduced by President Donald Trump. This travel ban contained the list of seven countries that are Iran, Libya, Somalia, Syria, Yemen, North Korea, Venezuela, in which most of the states were Muslim dominated states. The list also include Iraq, Chad and Sudan but they were removed from the list as the fulfilled all the requirements regarding security or other factors that were related to US position. The reason for banning these states was the terrorism which directly affect the national security of US and also these states were not fulfilling the required information sharing standards. At first it was rejected by the lower courts by saying it was unconstitutional but later the 5-4 ruling at the highest court in the US reverses the decision of lower court. Critics noted the attacks such as the 9/11 New York attacks, the Boston marathon bombing and the Orlando nightclub were attacked that was carried out by people from countries not on the list, such as Saudi Arabia, Egypt and Kyrgyzstan, or by US-born attackers.
On 31 st January 2020, president trump adds six more countries in the travel ban list that are Nigeria, Myanmar, Eritrea, Kyrgystan, Sudan and Tanzania. In 2018 the US issued two times as many immigration visas to Nigeria more than to the other five nations combined. The US said it would not issue the visas that can lead to permanent residency for nationals of Nigeria, Eritrea, Kyrgyzstan, and Myanmar. Sudanese and Tanzanian nationals are not allowed to apply for “diversity visas“, which are available by lottery for applicants from countries with low rates of immigration to the US. The non-immigrant visas given to people for temporary stays including visitors, those doing business or people seeking medical treatment would not affected by the new rules. According to US government statistics, the State Department issued 8,018 immigrant visas to Nigerians in the fiscal year 2018. Kyrgyzstan and Sudan have large Muslim majorities and around 50% of people in Nigeria and Eritrea are Muslim. Tanzania also has a sizable Muslim community.
QUESTION OF LAW :
As the initiative taken by US president Donald Trump for the concern of security of the nation is very appreciative but the question arises that the banning list contains most of the Muslim states so was it a biased decision. The data mentioned above shows how the US targeted the Muslim community. Infact, the critics also questioned at this point and the statement of president in 2015 was also pointed out where he was saying that total and complete shutdowns of Muslims in US. This statement was dismissed by the court that the statements have different perception as a candidate and as a president. In the early challenge, the district judge called it an unconstitutional because of religious biasness and the second time the court dismisses and called that statement illogical by saying the state themselves representing as a Muslim state and the traces of terrorism were found there that is why these states are considered in the list.
CONCLUSION (TRUMP : BRINGS TRAVEL BAN TO TOTAL THIRTEEN ):
Though it is very appreciating that US is highly concern for the security of the state and its precautions are also legitimate to the very extent but the point of the critics are also inescapable point that is this list shows the biasness towards Muslim community that was stated by president in 2015. This step by Donald Trump will affect the relations with the banned countries and some of the nations also showed their resentment for not issuing the visas to the selected states. After facing the critics we can’t neglect the terrorist attacks not only in US but also at the whole world. In short we can say that there may be possibility of biasness but it is legitimate in the concern of national security and the required information standards.