Trump’s travel ban faces US Supreme Court showdown

Madison Gray, a Temple University student, holds up a sign during a protest against President Donald Trump's executive order banning travel to the US by citizens of Iraq, Syria, Iran, Sudan, Libya, Somalia or Yemen. (AP)
Updated 22 April 2018
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Trump’s travel ban faces US Supreme Court showdown

  • The high court has never decided the legal merits of the travel ban.
  • The challengers have argued the policy was motivated by Trump’s enmity toward Muslims.

WASHINGTON: The first big showdown at the US Supreme Court over President Donald Trump’s immigration policies is set for Wednesday when the justices hear a challenge to the lawfulness of his travel ban targeting people from several Muslim-majority countries.
The case represents a test of the limits of presidential power. Trump’s policy, announced in September, blocks entry into the US of most people from Iran, Libya, Somalia, Syria and Yemen. Chad previously was on the list but Trump lifted those restrictions on April 10.
The high court has never decided the legal merits of the travel ban or any other major Trump immigration policy, including his move to rescind protections for young immigrants sometimes called Dreamers brought into the US illegally as children. It has previously acted on Trump requests to undo lower court orders blocking those two policies, siding with him on the travel ban and opposing him on the Dreamers. Trump’s immigration policies — also including actions taken against states and cities that protect illegal immigrants, intensified deportation efforts and limits on legal immigration — have been among his most contentious. 
The conservative-majority Supreme Court is due to hear arguments on Wednesday on the third version of a travel ban policy Trump first sought to implement a week after taking office in January 2017, and issue a ruling by the end of June. 
The lead challenger is the state of Hawaii, which argues the ban violates federal immigration law and the US Constitution’s prohibition on the government favoring one religion over another.
“Right now, the travel ban is keeping families apart. It is degrading our values by subjecting a specific set of people to be denigrated and marginalized,” Hawaii Lt. Governor Doug Chin said in an interview.
The Supreme Court on Dec. 4 signaled it may lean toward backing Trump when it granted the administration’s request to let the ban go into full effect while legal challenges played out.
In another immigration-related case, the justices on April 17 invalidated a provision in a US law requiring deportation of immigrants convicted of certain crimes of violence. Trump’s administration and the prior Obama administration had defended the provision.
'Politically correct'
Trump has said the travel ban is needed to protect the US from terrorism by militants. Just before the latest ban was announced, Trump wrote on Twitter that the restrictions “should be far larger, tougher and more specific — but stupidly that would not be politically correct!“
The challengers have argued the policy was motivated by Trump’s enmity toward Muslims, pressing that point in lower courts with some success by citing statements he made as a candidate and as president. As a candidate, Trump promised “a total and complete shutdown of Muslims entering the United States.”
The Justice Department argues Trump’s statements as a candidate carry no weight because he was not yet president. The policy’s challengers also point to views he has expressed as president, including his retweets in November of anti-Muslim videos posted by a far-right British political figure.
In a court filing last week, US Solicitor General Noel Francisco, representing Trump in court, said those retweets “do not address the meaning” of the travel ban policy.
Francisco cited Trump statements complimentary toward Muslims and Islam, including in a May 2017 speech in Saudi Arabia.
In defending the ban, the administration has pointed to a waiver provision allowing people from targeted countries to seek entry if they meet certain criteria. The State Department said that as of last month 375 waivers to the travel ban had been granted since the policy went into effect on Dec 8.


‘Dream or reality?’ Koreans to meet after decades apart

Updated 19 August 2018
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‘Dream or reality?’ Koreans to meet after decades apart

  • It is a move in the right direction, but this could still be the last time the relatives meet
  • Since the end of the war, both Koreas have banned ordinary citizens from visiting relatives on the other side of the border

SEOUL, South Korea: Lee Soo-nam was 8 the last time he saw his older brother. Sixty-eight years ago this month the boy watched, bewildered, as his 18-year-old brother left their home in Seoul to escape invading North Korean soldiers who were conscripting young men just weeks after invading South Korea to start the Korean War.
An hour later his brother, Ri Jong Song, was snatched up by North Korean soldiers near a bridge across Seoul’s Han River. Lee always assumed Ri died during the three-year war that killed and injured millions before a cease-fire in 1953, but his mother prayed daily for her lost son’s return, only giving up a few years before her death in 1975.
But Ri survived the war, living in North Korea. The brothers, now 76 and 86, will be among hundreds of Koreans who will participate, starting Monday, in a week of temporary reunions of divided families. Many have had no contact with each other since the war cemented the division of the peninsula into the North and South.
The elderly relatives gathering at North Korea’s scenic Diamond Mountain resort know that, given the fickle nature of ties between the rival Koreas, this could be the last time they see each other before they die.
“I’m nervous. I’m still unsure whether this is a dream or reality. I just want to thank him for staying alive all these years,” Lee said in an interview in his home in Seoul, not far from where he last saw his brother.
Since the end of the war, both Koreas have banned ordinary citizens from visiting relatives on the other side of the border or contacting them without permission. Nearly 20,000 people have participated in 20 rounds of face-to-face reunions since 2000. No one has had a second chance to see their relatives.
This week’s reunions come after a three-year hiatus during which North Korea tested three nuclear weapons and multiple missiles that demonstrated the potential of striking the continental United States.
At past meetings, elderly relatives — some relying on wheelchairs or walking sticks — have wept, hugged and caressed each other in a rush of emotions. According to Seoul’s Unification Ministry, which handles inter-Korean affairs, more than 500 separated South Koreans and their family members will cross the border for two separate rounds of reunions between Aug. 20 and 26.
At Diamond Mountain, Lee expects to meet Ri and his 79-year-old North Korean wife and 50-year-old son. Lee will bring more than a dozen family photos, including a black-and-white picture of Ri in a buzz-cut when he was 16 or 17.
“That’s how I remember him,” Lee said. “I lost a brother and my parents lost a child, but my brother lost his parents, siblings, friends and an entire hometown, and he probably spent his whole life longing for all of those things. It’s heartbreaking to think about.”
The difference in the siblings’ family names is a product of the Korean Peninsula’s division — each country uses different English transliteration rules, so Lee in the South is spelled Ri in the North.
Many of the South Korean participants in the reunions will be war refugees who were born in North Korea.
Kim Kwang-ho, 79, was among some 14,000 refugees who were ferried to South Korea by the American freighter SS Meredith Victory in December 1950 in one of the world’s largest humanitarian operations. Also on the ship were the parents of South Korean President Moon Jae-in, who described the evacuation as a “voyage of freedom and human rights” in a speech in Washington last year.
At the reunions, Kim expects to meet his 78-year-old brother, Kim Kwang Il, and his sister-in-law. Kim has vivid memories of what he described as a beautiful hometown in northern North Korea, where he plowed rice and corn fields with cattle, picked peaches and apricots from trees and spent hours swimming in brooks.
He gets emotional when talking about the mother he left behind, who used to cry over the death of his brother during the war.
“I have clear memories of events that happened,” Kim said. “But somehow I can’t remember the faces of my mother and brother.”
Behind the raw emotions, the meetings are tightly coordinated events where participants are closely watched by North Korean officials and dozens of South Korean journalists.
As in previous reunions, South Korea’s Red Cross, which organizes the events with its North Korean counterpart, has issued a guidebook telling South Koreans what to do and what not to do.
“Political comments such as criticism of the North’s leadership and the state of its economy could put your (North Korean) family members into a difficult situation,” the green book says. “If a North Korean family member sings a propaganda song or makes a political comment, restrain them appropriately by naturally changing the subject of the conversation.”
Lee knows he won’t be able to talk much about what happened when his brother was taken in August 1950. Instead, he plans to share childhood memories, such as when Ri took his younger brothers on a hike on nearby Mount Nam to look at foxes living near an old fortress wall.
South Koreans also can’t give their North Korean relatives luxury items because of international sanctions imposed on the North over its nuclear and missile programs, with past cash gifts banned this year to reflect the sanctions, according to a South Korean Red Cross official who didn’t want to be identified, citing office rules.
The reunions are occurring during a flurry of diplomatic contacts. In recent months, North Korean leader Kim Jong Un has met Moon twice and held a summit with President Donald Trump in Singapore, where they issued a vague goal of a nuclear-free peninsula, without describing how and when it would occur.
Moon, who plans to meet Kim again in September in Pyongyang, North Korea’s capital, says progress in inter-Korean reconciliation will be a crucial part of international efforts to resolve the nuclear standoff with the North. The Koreas have held military talks and are fielding combined teams at this month’s Asian Games in Indonesia in a gesture of goodwill.
Still, South Korea has failed to persuade the North to accept its long-standing proposal for more frequent reunions with more participants. North Korea has also ignored the South’s suggestion of hometown visits and letter exchanges.
The limited number of reunions cannot meet the demands of divided family members, who are now mostly in their 80s and 90s, South Korean officials say. More than 75,000 of the 132,000 South Koreans who have applied to participate in reunions have died, according to government figures.
Analysts say North Korea sees the reunions as an important bargaining chip with the South, and doesn’t want them expanded because they give its people better awareness of the outside world. While South Korea uses a computerized lottery to pick participants for the reunions, North Korea is believed to choose based on loyalty to its authoritarian leadership.
“When we meet this time, that will be the end for me,” said Yoon Heung-kyu, a 91-year-old Korean War veteran from the South and a staunch anti-communist campaigner in his youth who will be meeting his North Korean brother-in-law and grandnephew.
“North Korea guards against exposing its people to the free South because of fear of a regime collapse. It just allows 100 or so participants every several years to save face internationally,” he said. “These aren’t really family reunions; if they were, we would be meeting in our hometowns, not at Diamond Mountain.”