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Virginia criminal attorney on pushing back on Trump's ban on people arriving from seven countries

Fred Korematsu inspires us all to stand up against Trump’s anti-Muslim actions

Fairfax Virginia criminal defense lawyer pursuing the best defense, since 1991

Jan 30, 2017 Fred Korematsu inspires us all to stand up against Trump’s anti-Muslim actions

Donald Trump chose three days before Fred Korematsu’s birthday to engage further in xenophobia by banning non-United States citizens from seven designated predominately Muslim countries from entering the United States.

Fred had the guts to defy president Roosevelt’s executive order for ethnic Japanese people in California to report to concentration camps. He got convicted for refusing the executive order, and the Supreme Court’s six-member majority lacked the guts to overturn his conviction, instead handing concentration camp power to wartime presidents on a platter, which is all the more scary when considering that none of our many wars since the second world war has been declared by Congress in conformity with the United States Constitution. Decades later, President Ronald Reagan issued an apology for this travesty of justice and human rights.

Korematsu v. United States has not been overturned yet. Nevertheless, even without first overturning Korematsu, Trump’s ban cannot hide behind Korematsu in that Korematsu was based, albeit speciously, on questions of ethnic Japanese people’s loyalty to the then-wartime enemy Japan’s emperor, whereas none of the seven banned nations are at war with the United States and Trump’s ban is religion based, to the point that Trump holds open making exceptions for Christians.

Thanks to the American Civil Liberties Union and lawyers nationwide for challenging this ban. Thanks to the several federal trial judges who have temporarily stayed the ban pending further litigation. Thanks to now-fired and then-acting Attorney General Sally Yates, who ordered the Justice Department not to enforce the ban. No thanks to those in the Trump administration who are ignoring the ban (and is the Homeland Security Department now following at least part of the judicial stay?). No thanks to the Customs and Border Patrol agents denying attorney access to those being ensnared by the ban.

After this ban was announced, United States immigration officials reportedly are stepping up interrogation of those beyond the people covered by the ban. Everyone arriving in and located in the United States has the Fifth Amendment right to remain silent. Even innocent interrogates risk stammering out incorrect answers. Silence is golden.

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