From the Travel Ban to Family Separations: Malevolence, Incompetence,
"The No Man's Land Beneath the Border Wall"
By Carrie Cordero, Quinta Jurecic Tuesday, July 3, 2018, 1:57 PM
Central Processing Center for migrants in McAllen, Texas (Customs and Border Protection)
As the chaos unspooled from President Trump’s executive order on family separations, a conventional wisdom quickly emerged: This order was an echo of the very first executive order of Trump’s presidency—the travel ban. “The pressure Trump faced as he signed the order resembled the global reaction last year to his travel ban targeting several Muslim-majority countries,” wrote the Washington Post. “[A]s with the case of the travel ban,” the New York Times reported, “the reality of a vastly complicated bureaucratic system is colliding head-on with Mr. Trump’s shoot-from-the-hip use of executive power.” And one of us (Cordero) noted the comparison as well: Even before the order was issued, the policy echoed the first travel ban, a “campaign promise transformed into a sloppily drafted executive order from the White House, the implementation of which caused chaos at the borders.”
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To be clear, we are writing only about the first travel ban—not the second or third iterations, the latter of which was upheld last week by the Supreme Court. We would argue that the ban’s final form is still morally—if not legally—tarred by its origins in the animus the president clearly displayed toward Muslims and Islam, as well as its lack of grounding in actual national security intelligence or analysis. But after an initial string of defeats in court, the administration’s revisions to the ban were far better lawyered and better coordinated than the original. The sheer incompetence and disorder of the first travel ban are specific to that iteration alone.
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