The Supreme Court of the United States (SCOTUS) upheld President Donald Trump’s travel ban on Tuesday in a 5–4 ruling, arguing that the Chief Executive has the ability to limit alien entrance into the United States based on nationality.
Five Supreme Court Justices—John Roberts, Anthony Kennedy, Samuel Alito, Clarence Thomas and Neil Gorsuch—voted in favor of the travel ban affecting seven predominately Muslim countries, including Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.
Chief Justice John Roberts cited the Immigration and Nationality Act to justify the president’s authority to “suspend entry of aliens into the United States.”
“The government has set forth a sufficient national security justification to survive rational basis review,” Chief Justice John Roberts wrote for the conservative majority.
“Because there is persuasive evidence that the entry suspension has a legitimate grounding in national security concerns, quite apart from any religious hostility, we must accept that independent justification,” he added.
The argument under the Establishment Clause, that the ban was motivated by Islamophobia, was undermined although statements and tweets from Trump were cited.
Roberts wrote “Plaintiffs argue that this President’s words strike at fundamental standards of respect and tolerance, in violation of our constitutional tradition. But the issue before us is not whether to denounce the statements.”
“It is instead the significance of those statements in reviewing a Presidential directive, neutral on its face, addressing a matter within the core of executive responsibility. In doing so, we must consider not only the statements of a particular President, but also the authority of the Presidency itself,” he wrote.
This decision served as a massive success for Trump who later took to Twitter to express his “wow.”
“This ruling is also a moment of profound vindication following months of hysterical commentary from the media and Democratic politicians who refuse to do what it takes to secure our border and our country,” President Trump said in a statement issued by the White House Tuesday.
This Court’s decision was based on “Muslim Ban 3.0,” the third version of Trump’s travel ban, which according to the administration involved reviews by federal agencies including Homeland Security, the State and Justice Departments.
The Trump administration withdrew earlier versions of the ban before the Supreme Court was able to hear the administration’s arguments on those orders.
Trump signed the first travel ban executive order at the end of his first week of office, in an attempt to uphold his campaign promise of barring Muslims and creating a “complete shutdown of Muslims entering the United States.” The order focused on seven Muslim majority countries restricting native travelers and stopping the entire refugee program for a period of time without notice.
In March 2017, following protests and outrage, Trump issued a second “politically correct” order. This ban restricted people from six majority Muslim countries, including refugees, unless they were able to prove a “bona fide” relationship in the United States. While it faced opposition, the Supreme Court allowed it to go partially in effect.
In September, the third ban was issued and the Supreme Court allowed this version to go into effect while appeals were being heard in December.
Earlier this year, the court agreed to hear several individuals and groups, including the State of Hawaii, challenge the ban. The main argument was that the latest ban was influenced by religious and Islamophobic animus.
Support organizations that are working to dismantle institutional and structural Islamophobia.
The time to speak up, if you are able, is now. Silence is compliance.
The hardships immigrants face in the United States are not new to our country’s history. While hate crimes are at an all-time high with the most recent presidential election, immigrants have faced scrutiny since the founding of this country. Educate yourself and learn more about the history of xenophobic policies in the United States.
Created prior to the Supreme Court decision on the Muslim and Refugee Ban by the Justice for Muslims Collective, this report is a resource guide with information on the history of exclusionary immigration policies in the United States.
The following open letter is written by Hindus for Human Rights, an organization advocating for pluralism, civil and human rights in South Asia and North America, rooted in the values of Hindu faith: shanti (peace), nyaya (justice) and satya (truth). They provide a Hindu voice of resistance to caste, Hindutva (Hindu nationalism), racism, and all forms of bigotry and oppression.
Dear President Biden,
As Indian-Americans, human rights organizations, and concerned allies, we are writing to urge you to engage publicly and meaningfully to push back against the Indian government’s escalating attacks on human rights and democracy, especially ahead of Prime Minister Narendra Modi’s state visit to the United States.
Despite objective evidence that India’s democracy is under critical attack, you have not spoken out about this crisis. In early 2023, Indian authorities conducted retaliatory raids on the BBC’s Delhi and Mumbai offices for releasing a documentary about Prime Minister Modi. The week before the Summit for Democracy, the Indian government made three successive attacks on Indian democracy. First, the ruling Bharatiya Janata Party expelled Rahul Gandhi from Parliament. Second, the Indian government shut the internet down in Punjab, severely impacting the rights for Sikhs to peacefully organize and protest. And third, the Indian Supreme Court ruled that Indians can be found guilty by association for terrorism. And yet, not one representative from the Biden Administration said anything about even one of these developments. Instead, while Islamophobic violence gripped India in late March, you invited Prime Minister Modi to speak at the Summit for Democracy. Mr. Modi visits DC at a time when the state of Manipur has experienced heavy communal and anti-Christian violence after Modi’s ruling party pushed an initiative to undermine Indigenous rights in the state.
“As privileged members of the diaspora, it’s our duty to challenge the repressive practices of the current regime in India. We stand in solidarity with those … opposed to the government’s attempt to reshape the country into a Hindu nationalist state. https://t.co/RxU9wUy2Zy
Even when confronted with questions by Indian reporters about human rights in India, your administration has only had private two-way conversations about how both of our governments can always improve. Quite frankly, we find it unacceptable to see such equivocation on Indian democracy from an administration that has been strident in its defense of American democracy and the rule of law.
India is one of the fastest autocratizing nations in the world, mostly thanks to the current government. Freedom House has rated India as a “partly-free” country for the past three years, and has blamed Prime Minister Modi’s government for a rise in discriminatory policies, including persecution against Muslims and caste-based violence against Dalit and Adivasi communities; harassment of civil society, protestors, academia and the media, and the targeting of political opponents. It has also rated Indian-administered Kashmir as “not free,” citing violations of human, civil, and political rights after the Modi government revoked the territory’s autonomous status. In Reporters Without Borders‘ press freedom ranking, India has dropped to 161 out of 180 countries in 2023. India has appeared in the Committee to Protect Journalists’ Impunity Index — which examines accountability for unsolved journalists’ murders — every year for the past 15 years and currently ranks in 11th place worldwide. According to PEN America’s Freedom to Write Index, in 2022, India was one of the top 10 countries that jailed writers globally. The Varieties of Democracy Institute characterizes India as an “electoral autocracy” and blames India’s descent into autocracy on Prime Minister Modi. And the U.S. Holocaust Memorial Museum has said India has been one of the top 15 countries at risk for a mass atrocity event every year since 2017, which reflects the toxicity of Indian politics under Modi.
“If the President meets with PM Modi, then the protection of the Muslim minority in a majority Hindu India is something worth mentioning…if you do not protect the rights of ethnic minorities, there’s a strong possibility India starts pulling apart.” Thank you @BarackObama! https://t.co/RhcMNfiqaR
Given the magnitude of this crisis, we ask you to engage directly with Indian-American and human rights civil society leaders to explore solutions to address India’s human rights crisis. We also ask you to employ the tools at your disposal to ensure that the Indian government cannot attack Indians’ human rights with impunity. As the 2022 Bureau for Democracy, Human Rights, and Labor report details, several government individuals have committed human rights violations that, under U.S. law, would qualify them to be sanctioned under the Global Magnitsky Act. Indian security forces that have engaged in human rights violations should have security assistance rescinded, under the Foreign Assistance Act of 1961.
Finally, we urge you to publicly call on the Indian government to honor its commitments to human rights, including calling on Prime Minister Modi and his cabinet to halt the use of anti-terror laws to arbitrarily detain political critics. You can publicly denounce the rising numbers of political prisoners and the weaponization of the rule of law in India to shut down criticism. Even if you are not willing to personally criticize the Prime Minister, you have ample opportunity to criticize the Indian government’s misuse of public trust and public institutions to consolidate power and undermine the will of the Indian people.
This morning in DC, on the lawn of The White House at the welcome reception for Modi.
As President of the United States of America, you hold a unique position to lead the fight against authoritarianism. Prime Minister Modi will listen to you when you speak. But he and his allies will only change if you take a stand publicly. We urge you to listen to those of us who care about India and ensure that one man cannot steal the futures and the rights of our loved ones in India.
— Signed by countless organizations and individuals leading the charge (linked here).
Every year on August 5th, the Sikh American community remembers one of our community’s most devastating tragedies in recent memory — the Oak Creek massacre. On this day in 2012, a white supremacist gunman entered the Sikh Temple of Wisconsin, a gurdwara (Sikh house of worship) in Oak Creek, Wisconsin where he shot and killed six worshippers and severely injured others. This violent attack was the deadliest mass shooting targeting Sikh Americans in U.S. history, and at the time, was one of the worst attacks on a U.S. house of worship in decades. Six worshippers — Paramjit Kaur Saini, Sita Singh, Ranjit Singh, Prakash Singh, Suveg Singh Khattra, and Satwant Singh Kaleka — were killed on that horrific day. An additional community member, Baba Punjab Singh, was severely paralyzed and ultimately passed away from complications related to his injuries in 2020. Others, including Bhai Santokh Singh and responding police officer and hero, Lt. Brian Murphy, were seriously wounded during the shooting.
In 2022, the community came together to demonstrate that we are undaunted. My organization, the Sikh American Legal Defense and Education Fund (SALDEF) joined in supporting the anniversary observance at Oak Creek: a remembrance eventcentered around the theme of “Heal, Unite, Act.” The Oak Creek Sikh community hosted a series of in-person events, including the 10th Annual Oak Creek Sikh Memorial Anniversary Candlelight Remembrance Vigil on Friday, August 5, 2022. The program included a representative from the White House, Wisconsin Governor Tony Evers, Oak Creek Mayor Dan Bukiewicz, and representatives of the families who lost loved ones. Being there in Oak Creek 10 years after the tragedy was deeply meaningful — both to see the inspiring resilience of this community and to remember how much remains to be done.
In D.C., SALDEF continues to fight for policies that improve the lives of Sikh Americans. I had the honor of chairing the most recent iteration of the Faith-Based Security Advisory Council at the Department of Homeland Security, providing recommendations at the request of Secretary Alejandro N. Mayorkas. Consequently, the three subcommittees published a report that emphasized the importance of greater accessibility, greater equity, and greater transparency in counterterrorism efforts that for too long revolved around surveilling populations like the one that was senselessly attacked at the Oak Creek gurdwara in 2012. Leading the FBSAC as a Sikh woman, and representing a community that was highly targeted alongside Muslims by both white supremacists and in post-9/11 counterterrorism profiling, was an opportunity to push the Council to advocate more fiercely for further information-sharing between communities and law enforcement, extending grant opportunities for security for Gurdwaras and other houses of worship, and building trust between the government and Sikh communities. In addition, I advocated for accountability for the damage needlessly caused to Muslim, Arab, South Asian, and Hindu (MASSAH) communities by federal agencies historically pursuing “counterterrorism” objectives which has resulted in eroded trust rather than the development of strong partnerships.
Although we have made great strides in this country, there is still more to do. Through our work we have partnered with many across the nation to come together and find solutions through tenets central to Sikhism and America — unity, love, and equality.SALDEF continues to strongly endorse the policy framework articulated across the Domestic Terrorism Prevention Act (H.R. 350 / S. 963); Justice for Victims of Hate Crimes Act; and the Nonprofit Security Grant Program (NSGP) Improvement Act (H.R. 6825). We believe strongly in mandating federal agencies to create dedicated offices to investigate domestic terrorism; allowing prosecutors to feasibly indict perpetrators of hate crimes; and allowing religious nonprofits to access federal funding to enhance their own security.
While 11 years have passed, the effects of the Oak Creek shooting are never far from the minds of Sikh American advocates and the community we serve. SALDEF will not stop taking a stand against senseless violence and hate crimes. We continue to work in unity with our community and movement partners, and fight for better policies that will actively keep all of our communities safe. Through tragedy, we find hope. We know there can be a world where people from all backgrounds and cultures can practice their faith freely and, even though it has eluded the Sikh American community in the past, we still believe this world is possible.
Photo Courtesy of Amrita Kular