Edict Usurps Constitutional Values
I want to express my extreme shock and absolute revulsion at President Trump’s recent executive order on immigration. I am an Iranian born, Canadian passport holder, and legal permanent resident. I have lived in Laguna Beach for over three years and I am proud to call this community home. If I was travelling back the days after the order came out, I would have been denied entry to see my family and come home. And I am hardly alone. There are over 500,000 people like me who hold green cards from the seven countries covered by the order. In one case, legal permanent residents from Yemen were sent back, and in many other cases permanent residents were detained for hours, and even handcuffed.
I went to university and law school in America, work as a full time lawyer and even have worked for government. I cannot believe that any person, regardless of their political affiliation, would support the executive order on immigration, which was arbitrarily adopted without thinking through the repercussions on thousands of individuals and their families. By all accounts, the order has wreaked havoc on thousands of individuals and families, from refugees who were vetted for three years and finally on planes coming to reunite with their families to permanent residents like me.
It appears that there was no effort to understand the problem before creating a proposal. Are terrorists really from these countries attacking the U.S.? According to conservative leaning think-thank Cato Institute, no. Would an order like this make us safer? How so? Is the current vetting flawed? How so? These are basic questions, none of which President Trump has answered for the American public.
Instead, President Trump is playing a game with our lives, and with the stroke of his pen has ruined the lives of thousands upon thousands of people. It is inhumane and an assault on human dignity to single out entire peoples based on their national origin and religion for what we are made to believe, without any empirical evidence, is for the protection of our national security. The order is dangerous in its broadness and vagueness, resulting in confusion around its implementation and casting a wide net of victims. This entire process is an affront to our democratic values of freedom, non-discrimination, tolerance and respect.
I wrote to Rep. Dana Rohrabacher requesting him to oppose President Trump’s draconian measure and calling on him to represent all of us in this community, and protect all of our rights. I asked him to please send a clear message to President Trump that he is usurping on many of our Constitutional values and request that the executive order be withdrawn immediately.
But Laguna Beach can also do more. As a city we should make every effort to condemn these types of acts, which serve only to divide us and promote hate and intolerance. The mayors of cities across America have spoken out against the order, including Los Angeles, New York City, Boston, San Francisco, Seattle, Columbus, Philadelphia, and Portland to name a few. Strong and diverse voices must continue to challenge all acts and measures that violate our basic sense of human dignity, many more of which will be forthcoming. I can only hope that compassion, rationality and tolerance, and most important solidarity, will overcome the ominous seeds President Trump is planting.
Author Ramin Pejan is a staff attorney for Earthjustice and an adjunct law professor at UC Irvine. He earned degrees from Duke University and American University, Washington College of Law. He and his wife Lili relocated to Laguna Beach from Geneva to move closer to her family.
I am sorry sir you don’t seem to know any thing about the constitution. It is to protect citizens of the us. This is to protect us the american people. Generations that have lived here and rooted into America. We are sick of what is gone on this country. That is why we voted President Trump. If you don’ like I am sure Iran will welcome you back.
For your information: From the U.S. Supreme Court case Yick Wo v. Hopkins: “The Fourteenth Amendment to the Constitution is not confined to the protection of citizens. It says: ‘Nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ These provisions are universal in their application to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality.”
Laurie Spencer… really? America was built by immigrants. Your ancestors were immigrants that fled their countries because of political and religious persecution to America! I really wished they were kinder to the original occupants, the Native Indians, but they weren’t!! Who do you think you are? This man has dedicated his adult life to protect and serve his country, AMERICA, yet you have the audacity to respond so rudely?
Kudos to Mr. Pejan for his thoughtful, patriotic column, which shows clear evidence of his deep understanding of the U.S. Constitution and American values. Donald Trump and his supporters seem not to recognize that law professors find major problems with his executive order temporarily banning refugees and those from specified Muslim-majority countries from entering the United Staes. Three of these constitutional problems arise from the edict’s arguable violation of the Equal Protection Clause of the 14th Amendment, violation of the First Amendment’s ban on our government’s privileging of any religion or discriminating against a belief system, and the seeming circumvention of the Due Process clauses of the 5th and 14th Amendment. As one who has taught U.S. history at colleges and universities for 40years, I see in Mr. Pejan’s column a far clearer understanding of American constitutionalism and values than that possessed by the occupant of the White House. This is not only sad but scary.
Laurie Spencer, I have more concern with racism which breeds contempt, fear and hate. As a Canadian high school teacher, I am happy to embrace these lovely Syrian children who are finally able to have some basic freedoms and a right to education. These are basic rights which everyone in the World should enjoy. Quite frankly I more nervous of Americans with their guns when I enter the states. Humanity and kindness – that is how we are going to achieve peace and move forward on this globe. We are more connected than you think. We have more in common than uncommon with our global citizens.
Kudos to Mr. Pejan for his thoughtful, patriotic column, which shows clear evidence of his deep understanding of the U.S. Constitution and American values. Donald Trump and many of his supporters seem not to recognize that law professors find major problems with his executive order temporarily banning refugees and those from specified Muslim-majority countries from entering the United States. Three of these problems arise from the edict’s arguable violation of the Fourteenth Amendment’s Equal Protection Clause, violation of the First Amendment’s ban on our government’s privileging of or discriminating against a given religion, and the seeming circumvention of the Due Process clauses of the Fifth and Fourteenth Amendments. As a former professor of American history for 40 years, I see in Mr. Pejan’s excellent column a far clearer understanding of American constitutionalism and values than that possessed by the current occupant of the White House. This is most troubling and scary.
Great points Mr. Pejan. I apologize for our ignorant president and his followers.
I am shocked and disgusted by the blatant ignorance and lack of simple knowledge as well as compassion. Perhaps you don’t know or haven’t bothered to read what is proudly displayed on the Statue of Liberty welcoming all people regardless of color or creed. Ordering this totally ridiculous and obviously intentional Muslim ban will NOT protect us from terrorism. Not one person from any of the banned countries have harmed us including 911. I find it terribly disturbing that Trumps agenda clearly has an agenda promoting a white supremacist country. We all want to be safe and free from violence but this ban pretending to guard us from terrorists is ludicrous. Trump has played into the hands of ISIS. Ramin is my neighbor and I am proud to know such an intelligent, compassionate and productive citizen. Thank God he lives in my neighborhood and not you.