Are bumpstock bans unconstitutional
United States of America 2017/18
President Trump signed a series of decrees in 2017 that affected migrants, asylum seekers and refugees. An order issued on January 25 provided for the construction of a wall on the border with Mexico, increased detention and repatriation of asylum seekers and their families, even if they were at risk of torture and other serious human rights violations in their country of origin. The decree also ordered the staffing of immigration and customs authorities to be increased, their powers expanded and the deportation of migrants, particularly suspected criminals, to be given priority. Another decree of the same day decreed funding cuts for cities that did not cooperate with federal authorities in the arrest of migrants without regular residence status (Sanctuary Cities).
By decree of January 27, the president banned the entry of citizens from Iraq, Iran, Yemen, Libya, Somalia, Sudan and Syria for 90 days. He suspended the US Refugee Admissions Program (USRAP) for 120 days and reduced the total number of refugees who could be granted entry permits from 110,000 to 50,000 for the 2017 budget year. Syrian refugees were granted admission of Resettlement-Programs prohibited for an indefinite period. The decree immediately led to airport chaos and protests. Lawsuits were filed arguing that the order discriminated against Muslims. A week later, a federal judge stopped the entry ban with a nationwide injunction, which was upheld by the appellate court. On March 6, President Trump signed a revised version of the decree that maintained the suspension of the USRAP for 120 days and the limit of 50,000 for the admission of refugees. The 90-day entry ban should only apply to citizens from six instead of seven countries - Iraq was removed from the list. Federal judges in the states of Maryland and Hawaii blocked the implementation of the decree with nationwide injunctions. On June 26, the Supreme Court provisionally put parts of the entry restrictions into effect. He also decided that the ban could also apply to refugees who had already been selected by an aid organization for resettlement in the United States.
The second revision of the decree of September 24, 2017 provided that citizens from Iran, Yemen, Libya, North Korea, Somalia, Syria and Chad no longer receive immigrant visas for an indefinite period. Individuals from these countries - with the exception of Somalia - have also been excluded from certain nonimmigrant visas. The decree also banned some Venezuelan government officials and their families from entering the United States. On October 17, federal judges in Hawaii and Maryland again issued injunctions preventing the application of the decree to citizens of the Muslim-majority countries Iran, Yemen, Libya, Somalia, Syria and Chad. On November 13, a federal appeals court ruled that this third version of the entry ban could be applied to people from the six states who cannot prove close family or professional ties to the United States. On December 4, 2017, the Supreme Court granted an application by the US government and ruled that the entry ban for citizens of the six Muslim-majority countries could temporarily come into effect in full, although proceedings were still pending in federal courts.
On October 24, President Trump issued a decree ordering the resumption of the USRAP "with tightened security checks".
On August 16, 2017, the Department of Homeland Security ended the program for refugee minors from Central America. It offered young people under the age of 21 who wanted to escape the violence in El Salvador, Guatemala and Honduras and whose parents had regular residence status in the USA the opportunity to be admitted to the USA. Before they even set off for the USA, they were able to apply for admission as a refugee from their home country. Young people from these three countries could apply for admission to the program even if they did not meet the necessary requirements for refugee status and had no other option to come to their parents in the USA.
On September 5, the government announced that it would end the Deferred Action for Childhood Arrivals (DACA) protection for persons who came to the United States as minors in six months if Congress did not pass legal regulations on the residence status of those affected by then to have. In this case, more than 800,000 people would be threatened with deportation. The DACA program offered protection from deportation to migrants who came to the United States as minors and who met certain selection criteria. A bill was before Congress to help the target group of the DACA program to a regular residence status (Development, Relief, and Education for Alien Minors Act - DREAM Act), which had not yet been passed at the end of 2017.
From January to August 2017, the authorities arrested more than 17,000 unaccompanied minors on the border with Mexico, as well as 26,000 other people who tried to enter the United States as part of their family. Families seeking regular residency status were held in custody for months. Many did not have access to adequate medical care or legal advice.
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