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Also, what about social groups fearing persecution, such as LGBT
people? Or people who fear persecution for race, nationality or for
political opinions?
“We should not discriminate,” she says.
Even so, Peter Antone sees the situation this way: “Because the
president has the right to limit the number of refuges admitted annu-
ally, he probably has the right to designate which groups of refugees
are the most vulnerable and thus prioritized for admission. Because
refugees are neither U.S. citizens nor green card holders, and because
they are not physically on U.S. land, it is unlikely they will be consid-
ered to have any U.S. constitutional protection.”
The main hope these refugees have, Antone says, lies in internation-
al agreements. “As for refugees who have already arrived, returning
them to their country of origin,
assuming they could be subject
to torture, might violate the
Convention Against Torture and
the United Nations Convention
Relating to the Status of Refugees,
treaties that the United States
has signed.”
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14
February 9 • 2017
jn
MORAL, PRACTICAL EFFECTS
Excluding refugees raises moral
problems, says attorney Bradley
Maze. The executive order is
“antithetical to our values.” As a
“by-product” of the order, “immi-
gration officials have just stopped
processing the applications from
deserving Syrians and Yemenis.
This is very troubling.”
Antone agrees: “What is legal
to do is not always the right thing
to do.”
The order may have negative
practical consequences as well.
“This act hits health care in America,” Maze says. “Hospitals in
America draw huge numbers of workers from foreign countries.”
And Mosko says, “The airline industry and the tourism industry in
general have already started to suffer. People who are here are being
told not to travel, and people who are abroad may not be able to
obtain visas or may have their visas revoked.
“Even people from other countries, not listed in the executive order,
are discouraged from coming here because a country could get added
to this list at any time.”
Attorneys also question whether the executive order will actually
protect Americans. Maze thinks it can endanger us. Because it “fuels
the jihadi narrative of a clash of civilizations, the executive order will
be used by our enemies to gather recruits,” he says.
Maze also sees other problems: “From a humanitarian and a foreign
point of view, the executive order is ‘nonsensical.’ It already has nega-
tive effects on how our country views immigrants, influencing politi-
cians, law enforcement professionals and ordinary citizens.”
Attorneys who specialize in civil rights and immigration often cite
their family history as an influence.
ACLU Director Kary Moss, for example, says, “My grandparents
were immigrants, and I grew up here in Michigan amidst a culture
that valued tikkun olam.”
Bradley Maze came to America as a young boy when “his parents,
physicians in South Africa, did not want to raise their children in that
atmosphere” under apartheid.
Peter Antone says, “I happen to be an immigrant and consider
fleeing Saddam Hussein’s regime to the U.S. the most important deci-
sion of my life. In many ways, my real life with liberty started when I
arrived in the United States and, therefore, I know what it is like for
those fleeing difficult situations.” •