Trey Gowdy says Trump’s immigration order could use some clarity
President Donald J. Trump’s recent executive order temporarily banning people from seven Muslim-majority countries could have been better written, according to U.S. Rep. Trey Gowdy (R-S.C.).
On Tuesday, Gowdy appeared on Fox News and shared his thoughts on the executive order, which bans people from Iraq, Iran, Syria, Yemen, Libya, Sudan, and Somalia from entering the U.S. for 90 days, and suspends the U.S. refugee resettlement program for 120 days.
Trump previously said the temporary travel ban is intended to allow American officials to implement more through screening procedures for immigrants – even though no one from the seven countries listed in the order has carried out a fatal terror attack on U.S. soil since before Sept. 11, 2001.
Many believe the order unfairly targets Muslims. However, Gowdy said the new administration could ease some of those concerns by further clarifying the categories of people barred from entering the U.S. from the seven countries listed.
“With different categories, like non-immigrant visa holders vs. U.S. citizens vs. non-U.S. citizens, there’s a different legal analysis,” Gowdy said.
Gowdy explained that a U.S. citizen is entitled to “the full panoply of constitutional rights and due process,” while a Yemeni citizen, for example, isn’t entitled to due process or Constitutional protections.
“If you have a visa and you have relied upon that visa to either rent an apartment or put your kids in school, then, you do have certain property interests that you would want protected. Therefore, you are entitled to due process,” Gowdy said. “So I think his executive order is pretty easily remedied.”
Gowdy added that it’s up to the administration’s legal advisers to provide Trump with evidentiary basis that can withstand a court’s scrutiny, more specifically the Supreme Court.
Last week, three judges with the 9th Circuit Court of Appeals unanimously rejected the Justice Department’s request to lift a Seattle-based judge’s restraining order, which blocked authorities from carrying out the temporary travel ban.
“You don’t want federal judges overlooking battle plans or decisions to strike certain targets or decisions related to war or national security. It is not a blank check that the chief executive and commander in chief has. But you certainly don’t have to clear everything with an Article Three unelected federal judge,” Gowdy said.