Why won’t Trump use his best argument for his travel ban?

Trump promised to ban all Muslim immigration. He broke that promise on his first day of office by issuing a 90-day suspension of visa processing against Iran and 5 fail states or war zones already identified in Congressional legislation as countries of concern in terms of vetting.

Trump then said he was going to introduce enhanced vetting for migration from these Muslim majority countries. Clearly, his promise to ban all Muslim migrants is one of the many promises he has broken. Instead, he focused on a legitimate difference with the previous administration on the stringency of vetting from countries hostile to the USA and from failed states.

If the courts are to chill free speech by holding candidates to what they say in the campaign trail before they take the oath of office, they are equally bound to notice that Trump broke his flagship campaign promise to ban all Muslim immigrants immediately on entering office.

The appeal courts for many years after the 9/11 attacks upheld sweeping restrictions on male migrants from 24-muslim majority countries and North Korea. They were fingerprinted and photographed at the border; nationals of these countries already within the USA were required to attend Immigration and Customs enforcement offices to be fingerprinted and photographed on pain of deportation.

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