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trumps executive orders

Donald Trump: parting with a long held tradition of US committment to the protection of refugees

Jews denied Entry to the United States of America.

Many Jews who wished to escape persecution in Germany prior to World War II were denied entry to the United States. No one could imagine the horrors to which they would be subjected. Since then, the United States has held a commitment to protecting human rights over perceived national interests, particularly when it comes to people seeking asylum. With Donald Trump’s executive order, this commitment has been turned on its head.

The executive order, signed on January 27, banned almost all refugee admissions for 120 days, and banned refugees from Syria indefinitely. It also denied entry to nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days. If the governments of these countries could not provide proof that those wishing to enter the US would not be undermining national security, the ban would continue, even exceeding the 90 day period. Since many of the refugees who flee these countries are fleeing persecution from the government in question, it is unlikely that the government would have either the capacity or the motive to provide the required evidence to US authorities.

Trump’s executive order marked only the second time in US history that refugees have been banned from the country. The first was between September 11, 2001 and December 11, 2001. This ban created a huge backlog, and the refugee intake did not bounce back to previous rates for almost a decade. President Trump also decreased the refugee intake from 110,000 per year to 50,000 per year. With the 120 day wait and the backlog, it is unlikely that the intake would even meet this quota.

Executive order denying Jews entry to the USA enjoined by the Federal Courts.

This executive order was blocked by the courts a few days later because the US Constitution prohibits discrimination based on religion. While Trump has claimed that the ban was a security measure and not a religious ban, a report from Homeland Security has recently been released showing that it was an ineffective way to make the nation safer because “country of citizenship is unlikely to be a reliable indicator of potential terrorist activity.” President Trump plans to redraft the order, this time excluding green card holders from this ban.

With the signing of the refugee ban, it looked as though the refugee settlement deal with Australia would be dead in the water. However, the executive order included provisions for “pre-existing international agreements.” In the now infamous phone call with Malcolm Turnbull, Trump stated that he would honour the deal made between Turnbull and Obama. He also made it very clear that he was unhappy with the deal, claiming the deal would kill him politically and that it was “the worst deal ever.” It is unclear why he decided to honour the deal, since there is no legal reason for him to honour a deal made under a past president.

As war and political turmoil drive an unprecedented number of people from their home countries, the United States is turning away from its previous record of helping those facing persecution. This will considerably decrease the number of refugees who are able to be resettled worldwide. Countries like Australia need to be the one to try to fill this void, rather than continuing to shirk our responsibilities with resettlement deals and oppressive detention camps.

Megan Sturges
BCom/BArts (Macquarie)

An uncertain future – refugees, right wing nationalism and Trump

The Trump Administration

What we have seen from the Trump administration in the past few days is nothing short of frightening. The executive orders issued by the President of the United States banning people from seven majority Muslim countries from entering the United States (as well as those with dual citizenship from those nations) have sent shockwaves around the world.

With the widespread news coverage of Trump’s decision, it is unnecessary to go into great detail in this newsletter about the reaction and response. What I plan to do is reiterate the underlying concern facing the world: the rise of populist right-wing nationalism.

Global effect with Trump.

Right-wing nationalist forces in various countries have grown at unprecedented rates since the Global Financial Crisis. On top of Trump, a number of political parties are using fear, violence, immigration, and the scapegoating of minorities to drum up support in tough economic times. In Greece, the fascist Golden Dawn party has 18 seats in the Hellenic Parliament. In Finland, the right-wing Finns Party is now the third largest party in the Finnish Parliament. In France, Marine Le Pen is mounting a significant campaign with the National Front party in the upcoming elections. Geert Wilders and his Party for Freedom are gaining traction in the Netherlands and are currently leading the polls ahead of this year’s election. The Brexit vote even saw the UK take a turn towards the far right of politics, with immigration being the leading issue. Here in Australia, even One Nation made a worrying return to the political spotlight, with Pauline Hanson constantly using xenophobia and fear of immigration to garner support.

This newsletter generally steers clear of denouncing certain political views, as a broad range of perspectives is important in a healthy democracy. However, the growth of anti-immigration and xenophobic parties and political ideologies is worrying and needs to be flagged as concerning in the current political climate in Australia. The concern with the growth of these forces is not only the way that it mirrors the situation in post WWI Germany, but the effect such movements have on the cohesion of communities in multicultural countries such as our own. When someone can get elected as President of the United States on a platform of building a wall, banning Muslim immigration, espousing blatant sexism, and pursuing an anti-free trade economic agenda, other nations need to take note of the need to offer alternatives to such rhetoric. Introducing fear and division into a society does not result in a prosperous community. It is hoped that the Greens and the Labor Party can continue to hold the Government to account, particularly noting the strength of the far right elements within it (Abetz, Bernardi, Christensen, etc). A multicultural Australia that is inclusive and respects the human rights of refugees and asylum seekers should be the goal for this country, not something to demonise.

Trumps unprecedented executive orders.

Trump’s executive orders may have shocked many in Australia, but any outcry must be considered in context of the draconian refugee policies both political parties support to this day in Australia. Not only are detention centres permitted to exist, they are promoted by people like Immigration Minister Peter Dutton while detainees suffer serious mental harm. Anyone here in Australia who speaks out against the Trump administration’s decision must also mention our treatment of asylum seekers in the same breath.

The situation may appear dire at the moment, but the fact remains that there are people out there, like our CEO, dedicating their entire lives to the protection of refugees and asylum seekers; there is still hope going forward. If you are interested in some further reading, a progressive movement is growing in Europe with an alternative agenda that challenges the right-wing xenophobic response to the failings of neo-liberalism within the European economic crisis. This movement is called Democracy in Europe and offers some interesting insights as to how similar movements can grow around the world: https://diem25.org/

James Gounis, Lawyer
BCom, BLaws (Newcastle), Grad Dipl. Legal Practice (College of Law)

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