The Supreme Court decided on June 26 to allow key parts of the Trump administration’s “travel ban” to go into effect temporarily. This was an unexpected victory for the President—and for common sense. Until the Court hears the full case in October, the administration will be able to bar travelers from six majority-Muslim countries who cannot show a “bona fide” connection to a person or entity in the United States. The Court said the relationship must be “formal, documented and formed in the ordinary course, not for the purpose of evading” the travel ban.
Trump’s next task should be to make the 90-day ban permanent. Over the past two decades hundreds of Muslims born abroad have been convicted of terrorism-related crimes in the United States. They have included persons who came to America legally on visas, as well as refugees. More than 300 persons who came to the U.S. as refugees are currently the subjects of counterterrorism investigations by the FBI.
In the long term, Trump should seek to reinstate the substance of his original executive order, which was issued on January 27 and revoked on March 6. Its stated “Purpose” declares that
the United States must ensure that those admitted to this country do not bear hostile attitudes toward it and its founding principles. The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law . . . who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.
Without naming it, Trump’s original order treated orthodox Islam as a violent ideology inimical to America’s “founding principles.” After all, for a Muslim to declare that he accepts the U.S. Constitution as the source of his highest loyalty is an act of apostasy punishable by death under Islamic law. To a Muslim, sharia is not an addition to the Constitution and laws of the United States, with which it may coexist; it is the only basis of obligation. To be legitimate, all political power must rest exclusively with those who enjoy Allah’s authority on the basis of his revealed will, and America is therefore illegitimate ab initio.
Trump’s original order effectively demanded that a Muslim give up this key tenet of his faith in order to be eligible for admission. In principle a Muslim’s naturalization is also problematic, as it includes the oath “that I will support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic . . . ” To swear this would be sacrilegious for a Muslim, since it means he would be prepared to shoot a fellow Muslim, or denounce him to the authorities, in defense of his adopted homeland.