Impeachment Memo Sample

Drew Johnson

Trump and Immigration Ban

Manager 2

Impeachment Memo

The executive order put in place by President Trump banning certain Muslim based countries sparked controversy across the U.S. because the ban seems like a ban based on religion, but it is masked by saying it is only for the countries and not religion. This executive order essentially is just banning Muslim refugees from a certain grouping of countries and those who have dual citizenship with those countries as well. This ban, according to T. Alexander Aleinkoff a professor and a former general counsel member to the Immigration and Naturalization Service, in a quote from the New York Times states, “The ban could conflict with both federal and constitutional law” (Aleinkoff,

2018). He also stated that there is a United Nations treaty that is incorporated into the U.S. law that prohibits religion based discrimination for refugees and there is an argument the ban is that of religious discrimination.

Another major factor that could lead to this executive order being illegal would be how the President told the agency to deal with those travelling from and to these countries when they are at an airport. In section 2 of the executive order, President Trump states,” It is the policy of the United States to protect its citizen from foreign nationals who intend to commit terrorist attacks in the United States; and to prevent the admission of foreign nationals who intent to exploit United States Immigration laws for malevolent purposes” (Trump, Executive Order 13769). This wording and language could lead to another case of illegal search of people based on appearance or any other factors. This could lead to the government agencies violating the fourth

amendment protecting citizens against unreasonable search and seizure.
This action, although is noted slightly in the Constitution as the President’s discretion to ban a certain group of immigrants in order to ensure national security, is different because Trump has stated over twitter that he would want a ban of all Muslims coming to America. He has also shared multiple anti-Muslim videos on his twitter by retweeting various propaganda accounts as well, furthering the obvious displeasure with the Muslims immigrating to America. One example would be when Trump praised the fable of General Pershing and how he made the U.S. army use bullets soaked in pig’s blood to execute terrorists. He tweeted,” Study what General Pershing of the United States did to terrorists when caught. There was no more Radical Islamic Terror for 35 years!” (Trump, 2017). His words have shown, on multiple occasions, his hatred and blatant discriminant feelings towards those who follow the Islamic religion and how he has tried to segregate those from the societal norms in America since he has taken the public’s eye. Trump has expanded his constitutional power in this ban by trying to pass the Muslim ban off as a specific country only ban. As stated previously, the United Nations treaty about refugee immigration has been embedded into United States law and it prohibits discrimination against refugees based on their religion. There is a clear connection between the ban Trump signed off by executive order, where Muslims live, and Trump’s attitude towards those who practice Islam. When everything is tied together and laid out, it is clear that what Trump did is unconstitutional and an impeachable offense.
Trumps actions should require his removal from office because he has stretched the power given to him by the Constitution to a limit that is not completely defined and borderline unconstitutional. According the LA Times, there are multiple lawsuits going against the Trump Ban from multiple civil rights groups. They’re saying,” …it discriminates against Muslims, violates another provision of immigration law by targeting certain nationalities, and denies due process to people who already have been vetted to enter the U.S.” (Simmons, Zarembo, 2017). That same article also says that the Attorney General, Sally Yates, had told the Justice Department lawyers not to defend the order. Trump then fired Yates from her position as Attorney General because she was outspoken against the ban. Just another one of Trump’s overuse of his powers vested by the Constitution to fire a government member based on how they viewed a policy pushed by the President. I see no reason, because of the reasons presented above, Trump should not be pushed toward impeachment. His ban is unlawful and discriminates against those who practice Islam blatantly.

Works Cited
Exec.

Order No. 13769, 3 C.F.R. (2017)

@realDonaldTrump ”Study what General Pershing of the United States did to terrorists when caught. There was no more Radical Islamic Terror for 35 years!” Twitter, 17 August 2017, 2:45 p.m., https://twitter.com/realDonaldTrump/status/898254409511129088

Simmons, Ann M., and Alan Zarembo. “Other Presidents Have Blocked Groups of Foreigners from the U.S., but Never so Broadly.” Los Angeles Times, Los Angeles Times, 31 Jan. 2017, www.latimes.com/nation/la-na-immigrant-ban-history-20170130-story.html.

Taub, Amanda, and Max Fisher. “Trump's Immigration Order Tests Limits of Law and Executive Power.” The New York Times, The New York Times, 20 Jan. 2018,

www.nytimes.com/2017/01/30/us/politics/trump-immigration-muslim-ban.html.