Donald Trump travel ban: Why Iraq isn’t included

ONE Muslim-majority country is conspicuously absent from Donald Trump’s revised travel ban. It’s an admission the President made a mistake.

Donald Trump has signed a revised executive order on immigration after his first version was blocked by federal courts. Picture: Saul Loeb/AFP

DONALD Trump may have made his biggest mistake since taking office.

And if his revised executive order on immigration is anything to go by, it looks like he knows it.

The Trump administration has launched a new executive order targeting six Muslim-majority nations.

The new order applies to Iran, Libya, Syria, Somalia, Sudan and Yemen, but this time leaves out Iraq.

According to Tom Switzer, a senior fellow at the United States Studies Centre at the University of Sydney, Iraq should never have been included in the first place.

Mr Switzer said Baghdad worked closely alongside Washington in fighting jihadis, something the other six were not doing.

“Iraq is an important US ally,” he told news.com.au.

“This (new order) is a significant retreat for Trump and it has softened the hard edges of the January 27 executive order.”

The original executive order, which Mr Trump signed in front of media at the White House last month, sparked massive backlash and it was struck down by the courts.

Mr Switzer said it discriminated against those Iraqis who had been working alongside the US and living legally in the country.

US President Donald Trump has issued a revised executive order on immigration. Picture: Alex Brandon/AP

He also said it was clear the original order lacked consultation and was rushed through quickly, which didn’t sit well with Americans.

“The original order led to confusion and disarray and discriminated against a lot of Iraqis who were on valid visas and those on the ground, including interpreters, with US forces in the fight against jihadis,” he said.

“This upset a lot of people including the national security establishment.

“Not including Iraq in this order is therefore completely justified.”

Mr Switzer also said the fact that the original executive order was shot down proved there were checks and balances in place to counter the President.

This should reassure those who thought Mr Trump was unpredictable and who believed he had the power to do whatever he wanted, he said.

The fact that Monday’s revised order was this time delivered by those inside the Trump cabinet instead of the White House, also proved Mr Trump had learned a lesson.

In contrast to his previous executive order, which was signed in full view of the media, he left US Secretary of State Rex Tillerson, Attorney General Jeff Sessions and Homeland Security chief John Kelly to deliver the news.

Secretary of Homeland Security John Kelly (right), Secretary of State Rex Tillerson (left) and Attorney General Jeff Sessions announce details of the new executive order. Picture: Mark Wilson/Getty Images/AFP

“With this order, President Trump is exercising his rightful authority to keep our people safe,” Mr Tillerson said, adding that the revised ban was “a vital measure for strengthening our national security”.

Mr Switzer said the fact this improved order was revised and done with more consultation meant it had a better chance of surviving.

However, the American Civil Liberties Union said it would attempt to block the latest order in court on the grounds that it continued to discriminate on the basis of religion.

President Trump has signed a reworked travel ban order, barring new visas for citizens from six countries. https://t.co/trsqcrUhX9 pic.twitter.com/cIULmKP2pD

— AP Interactive (@AP_Interactive) March 6, 2017

ANGRY ALLIES

Five weeks ago, Mr Trump dropped the first order with a bang, catching politicians and members of his administration by surprise.

He signed the order in a high profile ceremony at the Pentagon’s Hall of Heroes as Secretary of Defense James Mattis stood by.

Iraq’s inclusion in the first order prompted outrage in that country, including from Prime Minister Haider al-Abadi.

The US and Iraqi militaries are currently fighting side-by-side in northern Iraq, trying to wrest the city of Mosul from Islamic State control.

The Iraqi foreign ministry on Monday expressed its “deep satisfaction” with the new order, and described it as an “important step” in strengthening relations between Baghdad and Washington.

REVISED, ‘IMPROVED’

Mr Trump’s new executive will not take effect until March 16.

It allows all current visa holders to enter the US and includes Syrian refugees in a 120-day suspension rather than banning them indefinitely.

Iraq, which has given firm commitments to the US “about increased co-operation and better vetting procedures”, has been dropped.

President Trump defended his previous order as keeping America safe after it was blocked nationwide by the federal courts. Picture: Saul Loeb/AFP

Iraq welcomed the news, calling it a “positive message” at a time when American and Iraqi forces are battling IS.

The White House official said Iraq was taken off the list because Baghdad has imposed new vetting procedures, such as heightened visa screening and data sharing, and because of its work with the United States in countering Islamic State militants, Reuters reported.

TERROR THREAT

Despite the fact that Iraq is no longer included in the ban, the country still remains a terror hotspot.

According to the US Department of State figures, in 2015, nearly three quarters of all deaths from terrorist attacks occurred in five countries — Afghanistan, Iraq, Nigeria, Pakistan and Syria.

Iraq had the highest number of terror attacks in 2015 (2418) followed by Afghanistan 1708, and Pakistan 1009.

Islamic State, while a weaker force, remain a real threat with its second biggest city, Mosul, the site of a long and bloody battle between jihadis and coalition forces.

The city of one million was captured by the terror group in 2014 and its fighters are not leaving easily.

TRUMP’S EXECUTIVE ORDER RETREAT

The President does not have the power to create new laws himself — his job is to interpret and enforce the laws already passed by Congress.

But that isn’t as limiting as it sounds. In a policy area like immigration, Congress has granted the President broad powers, and it’s up to him to decide how to wield them. He does this through executive orders.

Occasionally, presidents will issue orders that stretch the existing law to its limits, which can be easier than asking Congress to change the law — a long and often bitter process.

However it can also lead to the courts stepping in.

That is what happened with Mr Trump’s first travel ban. Instead of asking Congress to pass legislation to create the ban, Mr Trump decided he already had the authority to do it himself, based on the existing law.

He was challenged in the courts, and the executive order was struck down.

— with wires

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