As the impact of US President Donald Trump’s new immigration rules is being felt by tens of thousands of people in the US and around the world, two bold voices have emerged from the US against the same.
Acting Attorney General Sally Yates, who wanted to assert that ‘The job of the Attorney General is loyalty to the law, not the President’ has been sacked by president Donalf Trump.The Mozilla Foundation, an US-based pro-people ICT service provider, as termed the presidents order as too broad ‘and is highly disruptive to fostering a culture of innovation and economic growth.
The legal position taken by Acting Attorney General Sally Yates before her being sacked by the president as was follows: (Courtesy: Human Rights Watch)
“On January 27,2017, the bPresident signed an Executive Order regarding immigrants and refugees from certain Muslim-majority countries. The order has now been challenged in a number of jurisdictions. As the Acting Attorney Gerneral, it is my ultimate responsibility to determine the position of the Department of Justice in these actions.
“My role is different from that of the Office of Legal Counsel (OLC), which, through administrations of both parties, has reviewwed the Executive Orders for form and legality before they are issued. OLC’s review is limited to the narrow question of whethe, in OLC’s view, a proposed Executive Order is lawful on its face and properly drafted. Its review does not take account of statements made by an administration or its surrogates close in time to the issuance of an Executive Order that may bear on the order’s purpose. And importantly, it does not address whether any policy choice embodies in an Executiven Order is wise or just.
“Similarly, in litigation, DOJ Civil Division lawyers are charged with advancing reasonable legal arguments that can be made supporting an Executive Order. But my role as leader of this institution is different and broader. My responsibility is to ensure that the position of the position of the Department of Justice nis not only legally defensible, but is informed by our best view of what the law is after consideration of all the facts. In addition, I am responsible for ensuring that the positions we take in court remain consistent with the institution’s solemn obligation to always seek justice ands stand for what is right. At present, I am not convinced that the defence of the Executive Order is consistent with these responsibilities nor I am convinced that the Executive Order is lawful.
“Consequently, as long as I am the Acting Attorney General, the Department of Justice will not present arguments in defense of the Executive Order unless and until I become convinced that it is appropriate to do so.”
On the other hand, Mark Surman, Executive Director, Mozilla Foundation, has in a st
atement said:
“The immigration ban imposed by Friday’s executive order is overly broad and its implementation is highly disruptive to fostering a culture of innovation and economic growth.
“By slamming the door on talented immigrants –including those already legally in the United States and those seeking to enter – the ban will create a barrier to innovation, economic development and global impact. Immigrants bring world class skills and expertise to build advanced technology that can improve the lives of people everywhere. The ban will have an unnecessary negative impact to the health and safety of those affected and their families, not to mention rejecting refugees fleeing persecution, terror and war.
“The executive order ignores the single truth that we have come to know; talented immigrants have had outsized contributions to the growth and prosperity of the United States and countries around the world. Diversity in all of its forms is crucial to growth, innovation and a healthy, inclusive society.
“We recognize the rights of sovereign nations to protect their security, but believe that this overly broad order and its implementation does not create an appropriate and necessary balance. It’s a bad precedent, ignores history, and is likely to do more lasting harm than good.”
It is a time of great change in the United States and around the world. It’s our responsibility to stand up for our colleagues, our community and the values of open source and the open Web, the Mozilla Foundation added.
