Page 4A
NATION/WORLD
East Oregonian
Trump signs second travel ban
Revised order answers
some issues from
previously blocked
action, but not all
By GENE JOHNSON
and SADIE GURMAN
Associated Press
WASHINGTON — President
Donald Trump’s revised travel ban
eases some of the legal questions
surrounding the previous order, but
critics said it does not answer all of
them, including accusations that the
measure is a thinly veiled attempt to
discriminate against Muslims.
Opponents promised to challenge
the president again in court.
The new, narrower ban announced
Monday temporarily bars new vi-
sas for citizens of six predominantly
Muslim countries — one fewer than
the original ban, with Iraq removed
from the list. It also suspends the en-
tire U.S. refugee program.
The measure applies only to ref-
ugees who are not already on their
way to the United States and people
seeking new visas. It removes lan-
guage that gave priority to religious
minorities. Critics said the language
was designed to help Christians get
into the U.S. and to exclude Muslims.
The changes will make the new
executive order tougher to fight in
court, but they “will not quell liti-
gation or concerns,” Stephen Yale-
Loehr, an immigration law professor
at Cornell University Law School,
said in a written statement.
“U.S. relatives will still sue over
the inability of their loved ones to
join them in the United States,” he
said. “U.S. companies may sue be-
cause they cannot hire needed work-
ers from the six countries. And U.S.
universities will worry about the im-
pact of the order on international stu-
dents’ willingness to attend college in
the United States.”
The American Civil Liberties
Union promised “to move very
quickly” to try to stop the order.
New York immigration attorney
Ted Ruthizer said this ban will be
“much, much tougher” for a federal
judge to block.
Courts could find it compelling
that the order does not cover all Mus-
lims from all countries, he said. And
judges have a history of upholding
portions of immigration law that
discriminate on the basis of race and
nationality when national security is
an issue.
“There’s still the argument that,
when you take down all the window
dressing, it’s still a religion ban, but
these are the kinds of nuances that the
courts will look at,” Ruthizer said.
Top Republicans welcomed
Trump’s changes. Sen. Orrin Hatch
of Utah said the revised order makes
significant progress toward what
Hatch called for after the first ver-
sion: to avoid hindering innocent
AP Photo/Hadi Mizban
Men watch the news on television at a cafe in Baghdad, Iraq, Mon-
day, March 6, 2017. Iraq has welcomed its removal from a revised U.S.
travel ban, calling it a “positive message” at a time when American
and Iraqi forces are battling the Islamic State group.
Iraq welcomes removal
from revised travel ban
BAGHDAD (AP) — Iraq wel-
comed its removal from a revised
U.S. travel ban on Monday, say-
ing the move would strengthen
its alliance with Washington as
U.S.-backed Iraqi forces battle the
Islamic State group in Mosul.
Iraq was among seven Mus-
lim-majority countries whose na-
tionals were temporarily banned
from traveling to the United States
in an earlier order issued by Pres-
ident Donald Trump in January,
which sparked worldwide outrage
and was blocked by the courts.
The White House says the ban
is needed to prevent would-be ter-
rorists from entering the country
while stricter vetting measures are
put in place. But it removed Iraq
from the list under pressure from
the State Department and the De-
fense Department, which had not-
ed the close cooperation between
the two countries in battling the IS
group.
“Today our battle in Mosul is
a battle that Iraqis are conducting
on behalf of the entire world,” For-
eign Ministry spokesman Ahmed
Jamal told The Associated Press,
adding that the revision of the
travel ban will “enhance” the U.S.-
Iraqi partnership in that fight.
The original order angered
many Iraqis, and prompted par-
travels and refugees fleeing violence
and persecution.
He urged Trump “to continue the
difficult work of crafting policies that
keep us safe while living up to our
best values.”
House Speaker Paul Ryan said the
order “advances our shared goal of
protecting the homeland.”
States that challenged the origi-
nal travel ban claimed victory to an
extent, saying the changes amounted
liament to call for a reciprocal ban
on Americans entering Iraq. Prime
Minister Haider al-Abadi declined
to impose such a measure.
The revised U.S. travel order is
narrower and specifies that a 90-
day ban on people from Sudan,
Syria, Iran, Libya, Somalia, and
Yemen does not apply to those
who already have valid visas.
A fact sheet detailing the order
cited negotiations that resulted in
Iraq agreeing to “increase cooper-
ation with the U.S. government on
the vetting of its citizens applying
for a visa to travel to the United
States.”
Thousands of American forces
are in Iraq providing air support
and logistical help for a massive
operation to drive IS militants
from Mosul, the country’s second
largest city. Smaller numbers of
U.S. special operations forces are
embedded with some Iraqi units.
Support from a U.S.-led coali-
tion has been critical in the fight
against IS, helping Iraqi forces
to slowly roll back the militants
over the past two and a half years.
Iraqi forces are now in the midst
of their toughest battle yet against
IS as they push to retake Mosul’s
west after the eastern half of the
city was declared “full liberated”
in January.
to an “incredible concession” that the
original order was flawed, as Virgin-
ia Attorney General Mark Herring, a
Democrat, put it.
Herring and Washington Attorney
General Bob Ferguson, who success-
fully sued to stop implementation of
the original order after it created cha-
os at airports around the country, said
they were reviewing the new order
to determine what legal steps to take
next.
“Although the new order appears
to be significantly scaled back, it
still sends a horrible message to the
world, to Muslim-Americans, and
to minority communities across the
country, without any demonstrable
benefit to national security,” Herring
said.
Massachusetts Attorney Gener-
al Maura Healey, who joined in the
court challenge, described the updat-
ed ban as “a clear attempt to resur-
rect a discredited order and fulfill a
discriminatory and unconstitutional
campaign promise.”
Texas Attorney General Ken Pax-
ton, who backed the first ban, said in
a statement that the president had the
authority to secure the nation’s bor-
ders “in light of the looming threat of
terrorism.”
Chicago Mayor Rahm Emanuel, a
sharp critic of the first ban, said the
new version was “nothing more than
a wolf in sheep’s clothing, different
packaging intended to achieve the
same result.”
A spokesman for the 9th U.S. Cir-
cuit Court of Appeals, which upheld
a Seattle judge’s restraining order in
the Washington case, said the court
was evaluating the new executive or-
der’s effect on the existing case. The
Justice Department filed papers Mon-
day in federal court in Seattle arguing
that the restraining order should not
block the new ban from taking effect
as scheduled March 16.
Critics said the new order failed
to address some other concerns, in-
cluding the notion that the measure
attempts to enact the Muslim ban
Trump advocated during his cam-
paign. Washington state, joined by
Minnesota, argued that the order vi-
olated the First Amendment’s separa-
tion of church and state.
The 9th Circuit’s ruling did not
deal with those arguments, but the
court said it would evaluate them af-
ter further briefing. The states’ claims
“raise serious allegations and present
significant constitutional questions,”
the judges wrote.
Larry E. Klayman, a founder
of and lawyer for the conservative
group Freedom Watch, supported the
original ban when it was before the
appellate court and called the new
version “quite modest.”
“Right now, we’re in a state of war
with certain countries, and this is a
reasonable approach to it,” Klayman
said.
Additionally, a question remained
over whether the new ban conflicted
with federal immigration law, said
Jorge Baron, executive director of
the Seattle-based Northwest Immi-
grant Rights Project. His organiza-
tion filed a class-action complaint
over the initial ban and said it would
amend its arguments in light of the
new one.
“Our immigration laws specifi-
cally say you cannot discriminate on
basis of nationality in this process,”
Baron said. “The president can’t re-
write the law by executive order.”
Tuesday, March 7, 2017
DHS may
separate
parents,
children
at border
WASHINGTON (AP) —
The Homeland Security De-
partment is considering sep-
arating children from parents
caught crossing the Mexican
border illegally, Secretary
John Kelly said Monday.
Kelly said such a move
would be part of a broader
effort to discourage families
from making the dangerous
trek across Mexico to the
U.S. border.
He confirmed that he’s
considering the action during
an interview with CNN
Monday. The plan had previ-
ously been reported by sever-
al news outlets.
Tens of thousands of par-
ents and children fleeing vi-
olence and poverty, mostly
from Honduras, El Salvador
and Guatemala, have been
caught crossing the border
illegally in recent years.
Generally, the families are
detained for a few days or
weeks before being released
into the United States to wait
for an immigration judge to
decide their fate.
“I would do almost any-
thing to deter the people from
Central America getting on
this very, very dangerous
network ... going through
Mexico,” Kelly said during
his television interview.
Homeland Security of-
ficials have been trying to
curb the flow of families
since 2014 when a flood of
both children and families
overwhelmed immigration
officials. The department
launched a public relations
campaign in Central Ameri-
ca to warn about the dangers
and advise families that there
would be no free pass into
the United States.
The Obama administra-
tion opened multiple deten-
tion centers that year, in part
to deter others from crossing,
to house families while im-
migration judges and asylum
officers heard their cases
But a federal judge in
California later ruled that
detaining children violated
a long-standing agreement
that bars the government
from detaining children in a
jail-like setting, even if they
are with their parents. That
ruling prompted the govern-
ment to start releasing fami-
lies into the U.S.
NATION/WORLD
Tuesday, March 7, 2017
U.S. moves parts of controversial
missile defense to South Korea
SEOUL, South Korea
(AP) — U.S. missile launch-
ers and other equipment need-
ed to set up a controversial
missile defense system have
arrived in South Korea, the
U.S. and South Korean mili-
taries said Tuesday, a day af-
ter North Korea test-launched
four ballistic missiles into the
ocean near Japan.
The plans to deploy the
Terminal High-Altitude Area
Defense system, or THAAD,
by the end of this year have
angered not only North Ko-
rea, but also China and Russia,
which see the system’s power-
ful radars as a security threat.
Washington and Seoul say
the system is defensive and
not meant to be a threat to
Beijing or Moscow.
The U.S. military said in
a statement that THAAD is
meant to intercept and de-
stroy short and medium range
ballistic missiles during the
last part of their flights.
“Continued provocative
actions by North Korea, to
include yesterday’s launch
of multiple missiles, only
confirm the prudence of our
alliance decision last year
to deploy THAAD to South
Korea,” Adm. Harry Harris,
head of the U.S. Pacific Com-
mand, said in the statement.
Some South Korean lib-
eral presidential candidates
have said that the security
benefits of having THAAD
would be curtailed by wors-
ened relations with neighbors
U.S. Force Korea via AP
In this photo provided by U.S. Forces Korea, trucks carrying parts of U.S. missile
launchers and other equipment needed to set up Terminal High Altitude Area De-
fense (THAAD) missile defense system arrive at Osan air base in Pyeongtaek,
South Korea, Monday.
China and Russia.
China’s condemnation of
South Korean plans to de-
ploy THAAD has triggered
protests against South Kore-
an retail giant, Lotte, which
agreed to provide one of
its golf courses in southern
South Korea as the site of
THAAD. The South Korean
government also raised wor-
ries about a reported ban on
Chinese tour groups visiting
the country.
An official from South
Korea’s Defense Minis-
try, who didn’t want to be
named, citing office rules,
said that the equipment that
arrived in South Korea in-
cluded launchers, but didn’t
confirm how many.
On Monday, North Korea
fired four ballistic missiles in
an apparent protest against
ongoing U.S.-South Korean
military drills that it views
as an invasion rehearsal. The
missiles flew about 1,000 ki-
lometers (620 miles) on av-
erage, three of them landing
in waters that Japan claims as
its exclusive economic zone,
according to South Korean
and Japanese officials.
The North’s state media
on Tuesday said leader Kim
Jong Un supervised a ballis-
tic rocket launching drill, a
likely reference to the four
launches reported by Seoul
and Tokyo. Involved in the
drills were artillery units
tasked with striking “U.S.
imperialist aggressor forces
in Japan,” according to the
Korean Central News Agen-
cy.
As president, Trump seeks answers on his own wiretap mystery
WASHINGTON (AP) — If
Donald Trump wants to know
whether he was the subject of
surveillance by the U.S. gov-
ernment, he may be uniquely
positioned to get an answer.
In a series of weekend
tweets, the president accused
his predecessor, Barack
Obama, of ordering wiretaps
on his phones but offered no
proof to back the claim. The
White House then called on
Congress to investigate the
allegations.
But former government
lawyers say Trump hardly
needs Congress to answer
this question.
“The intelligence commu-
nity works for the president,
so if a president wanted to
know whether surveillance
had been conducted on a par-
ticular target, all he’d have to
do is ask,” said Todd Hinnen,
head of the Justice Depart-
ment’s National Security Di-
vision during the Obama ad-
ministration and a National
Security Council staff mem-
ber under George W. Bush.
The latest storm began
Saturday when Trump tweet-
ed: “Is it legal for a sitting
President to be ‘wire tap-
ping’ a race for president
prior to an election? Turned
down by court earlier. A
NEW LOW!” He followed
up with: “How low has Pres-
ident Obama gone to tapp
my phones during the very
sacred election process. This
is Nixon/Watergate. Bad (or
sick) guy!”
The Justice Department,
not the president, would have
the authority to conduct such
surveillance, and officials
have not confirmed any such
action. Through a spokesman,
Obama said neither he nor
any White House official had
ever ordered surveillance on
any U.S. citizen. Obama’s top
intelligence official, James
Clapper, also said Trump’s
claims were false, and a U.S.
official said the FBI asked the
Justice Department to rebut
Trump’s assertions.
Why turn to Congress,
Trump spokesman Sean
Spicer was asked Monday.
“My understanding is that
the president directing the
Department of Justice to do
something with respect to
an investigation that may or
may not occur with evidence
may be seen as trying to in-
terfere,” Spicer said. “And I
think that we’re trying to do
this in the proper way.”
He indicated that Trump
was responding to media re-
ports rather than any word
from the intelligence com-
munity. Other officials have
suggested the president was
acting on other information.
Sen. John McCain, chair-
man of the Armed Services
Committee, said Monday that
Trump needs to give more
information to the American
people and Congress about
his wiretapping accusations.
“The dimensions of this are
huge,” McCain said. “It’s ac-
cusing a former president of
the United States of violating
the law. That’s never hap-
pened before.”
As for the genesis of a
possible wiretap, it is pos-
sible the president was re-
ferring to the Foreign Intel-
ligence Surveillance Act, a
1978 law that permits inves-
tigators, with a warrant, to
collect the communications
of someone they suspect of
being an agent of a foreign
power. That can include for-
eign ambassadors or other
foreign officials who operate
in the U.S. whose commu-
nications are monitored as a
matter of routine for counter-
intelligence purposes.
East Oregonian
Page 5A
Supreme Court won’t
decide if trans teen
can pick bathroom
WASHINGTON (AP)
— The Supreme Court is
leaving the issue of trans-
gender rights in schools to
lower courts for now after
backing out of a high-pro-
file case Monday of a Vir-
ginia high school student
who sued to be able to use
the boys’ bathroom.
The court’s order in the
case of teenager Gavin
Grimm means that atten-
tion now will turn to lower
courts around the country
that are grappling with
rights of transgender stu-
dents to use school bath-
rooms that correspond to
their chosen gender, not
the one assigned at birth.
The appeals court in
Richmond, Virginia, and
other appellate panels han-
dling similar cases around
the country will have
the first chance to decide
whether federal anti-dis-
crimination law or the
Constitution protects trans-
gender students’ rights.
Monday’s action by
a court that has been
short-handed for more
than a year comes after
the Trump administration
pulled back federal guid-
ance advising schools to let
students use the bathroom
of their chosen gender, not
the one assigned at birth.
The justices rejected a
call from both sides to de-
cide the issue in a case that
was dramatically altered
by the election of President
Donald Trump.
Grimm’s case had been
scheduled for argument in
late March. Instead, a low-
er court in Virginia will be
tasked with evaluating the
federal law known as Title
IX and the extent to which
it applies to transgender
students. Lawsuits involv-
ing transgender students are
making their way through
the courts in at least five
other states: Illinois, North
Carolina, Ohio, Pennsylva-
nia and Wisconsin.
For Grimm, the order
means that he probably will
graduate with the issue un-
resolved. Now, his wish to
use the boys’ bathroom is
blocked by a policy of the
Gloucester County school
board. Although he won a
court order allowing him
to use the boys’ bathroom
at Gloucester High School,
the Supreme Court put it
on hold last August, before
the school year began.
Talking to reporters by
telephone Monday, Grimm
said the situation has add-
ed stress to the usual senior
year worries of applying
to college because the
“school board has sent this
direct message ... that there
is something about you
that deserves to be segre-
gated from the rest of the
student body.”
The court case has
drawn attention from all
over the world. Apple,
IBM and Microsoft were
among the 53 companies
that signed onto a brief
filed last week urging the
court to rule in his favor.
U.S. warning to Israel
signals new backpedaling
JERUSALEM (AP) —
The Trump administration
has explicitly warned Israel
against annexing parts of
the occupied West Bank,
saying it would trigger
an “immediate crisis” be-
tween the two close allies,
Israel’s defense minister
said Monday.
It was the latest indica-
tion that President Donald
Trump is returning to more
traditional U.S. policy and
will not give Israel free rein
to expand its control over
the West Bank and sideline
the Palestinians, as Israeli
nationalists had hoped.
Speaking in parliament,
Defense Minister Avigdor
Lieberman said U.S. offi-
citizenship or be allowed
to vote for the Knesset, or
parliament. Although Ne-
tanyahu has not endorsed
the one-state vision, many
in his coalition do.
“The two-state solu-
tion is dead,” Zohar told
i24NEWS, an Israeli TV
channel. “What is left is a
one-state solution with the
Arabs here as, not as full
citizenship, because full
citizenship can let them to
vote to the Knesset.”
“They will be able to
vote and be elected in their
city under administrative
autonomy and under Israeli
sovereignty and with com-
plete security control,” Zo-
har added.
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