#2 is unprecedented, a power grab by an advisor with no relevant experience. It’s a clear signal that Trump would rather displaced senior leadership than learn from it.
I’m not usually a conspiracy theorist, but I think the two are linked. The travel ban has been such a media focus that the NSC issue has mostly been noticed by watchdogs tracking post-9/11 changes to homeland security. The insistence by Bannon that the ban apply to permanent residents has made this issue so explosive. If only refugees or temporary visa holders were targeted, these protests would not be nearly as large. But the EO seemed primed for maximum chaos- it was both broad and vague.
It remains to be seen how long the rest of the executive branch will stand by while a half dozen rookie advisors take their authority away.
Tonight, a lawsuit by the ACLU stayed the executive order that aims to ban immigrants and refugees from an arbitrary collection of nations for varying amounts of time, from a few months to indefinitely.
The ban was expected. That it was extended to green card holders (permanent residents) was surprising. Thus in addition to new refugees and family members on travel visas, you have this case at LAX:
One detained traveler was an Iranian woman who’d held a green card in the U.S. for five years and whose citizenship swearing-in ceremony is in two weeks, Cunnings said.
The woman has an 11-month old child with her who is an American citizen.
Friday night, DHS arrived at the legal interpretation that the executive order restrictions applying to seven countries — Iran, Iraq, Libya, Somalia, Syria, Sudan and Yemen — did not apply to people who with lawful permanent residence, generally referred to as green card holders.
The White House overruled that guidance overnight, according to officials familiar with the rollout. That order came from the President’s inner circle, led by Stephen Miller and Steve Bannon. Their decision held that, on a case by case basis, DHS could allow green card holders to enter the US.
Fundamentally, this order is a series of increasingly large promises being broken. People who followed the rules, did everything conservatives have asked immigrants to do, get nothing for their sacrifice. Translators for the US military who risked their lives in exchange for residency, nothing. Religious and ethnic minorities fleeing the Syrian civil war and ISIS, nothing. And people who were promised permanent residency, nothing. America has always been a land of broken promises, but for 2017 this is particularly sharp sting.
This is the beginning of what I’m calling The Great Default, where any prior promises and commitments made before Jan 20, 2017 should be considered conditional and uncertain. Climate agreements, trade agreements, foreign alliances, ethics rules, civil liberties, religious freedom. It’s a fire sale. The immigration ban is telling every other country that the US is willing to do things without consulting its own government, let alone yours. For those that say the system will ameliorate Trump and make a trade war with China impossible, well, what about now? Bannon and Miller overruled the part of the government that actually has to implement policy. They don’t want to learn, they want to extend their will. Bannon has been given a major national security position, letting those who said “it’s just an advisory position!” know that yes, that too is conditional.
There is no honeymoon period. Get the sandbags, close the storm windows. Nothing is sacred.