--- title: Donald Trump's Immigration Order Is Horrifying description: The malevolence of President Trump’s Executive Order on visas and refugees is mitigated chiefly by its incompetence canonical: https://time.com/4652781/benjamin-wittes-donald-trump-immigration-order/ author: Benjamin Wittes article:opinion: true article:content_tier: free article:published_time: 2017-01-29T14:58:34.000Z article:modified_time: 2026-02-23T03:00:42.785Z article:section: Ideas og:title: Donald Trump's Immigration Order Is Horrifying and Incompetent on a Legal Level og:description: And is malevolent og:url: https://time.com/4652781/benjamin-wittes-donald-trump-immigration-order/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt41149af58dfa60b8/6988b7b9428a9e8933cd5aa2/trump-muslim-ban.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 og:image:width: 1200 og:image:height: 675 og:image:alt: U.S. President Donald Trump signs an executive order to impose tighter vetting of travelers entering the United States, at the Pentagon in Washington og:type: article twitter:card: summary_large_image twitter:title: Donald Trump's Immigration Order Is Horrifying and Incompetent on a Legal Level twitter:description: And is malevolent twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt41149af58dfa60b8/6988b7b9428a9e8933cd5aa2/trump-muslim-ban.jpg?branch=production&width=3840&quality=75&auto=webp&crop=16:9 ---  # Donald Trump's Immigration Order Is Horrifying and Incompetent on a Legal Level by [Benjamin Wittes / Lawfare](https://time.com/author/benjamin-wittes/) ## Benjamin Wittes / Lawfare Jan 29, 2017 2:58 PM UTC  President Donald Trump signs an executive order imposing a four-month travel ban on refugees entering the United States and a 90-day hold on travelers from Syria, Iran and five other Muslim-majority countries at the Pentagon in Washington, on Jan. 27, 2017. President Donald Trump signs an executive order imposing a four-month travel ban on refugees entering the United States and a 90-day hold on travelers from Syria, Iran and five other Muslim-majority countries at the Pentagon in Washington, on Jan. 27, 2017.Carlos Barria—Reuters by [Benjamin Wittes / Lawfare](https://time.com/author/benjamin-wittes/) ## Benjamin Wittes / Lawfare Jan 29, 2017 2:58 PM UTC The malevolence of President Trump’s Executive Order on visas and refugees is mitigated chiefly—and perhaps only—by the astonishing incompetence of its drafting and construction. NBC is [reporting](https://twitter.com/ericgeller/status/825448574028804096) that the document was not reviewed by DHS, the Justice Department, the State Department, or the Department of Defense, and that National Security Council lawyers were [prevented](https://twitter.com/AriMelber/status/825514236784832512) from evaluating it. Moreover, the _New York Times_ [writes](https://www.nytimes.com/2017/01/28/us/refugees-detained-at-us-airports-prompting-legal-challenges-to-trumps-immigration-order.html) that Customs and Border Protection and U.S. Citizen and Immigration Services, the agencies tasked with carrying out the policy, were only given a briefing call while Trump was actually signing the order itself. Yesterday, the Department of Justice [gave a “no comment”](http://www.npr.org/2017/01/27/511998206/key-justice-dept-office-won-t-say-if-it-approved-white-house-executive-orders) when asked whether the Office of Legal Counsel had reviewed Trump’s executive orders—including the order at hand. (OLC normally reviews every executive order.) This order reads to me, frankly, as though it was not reviewed by competent counsel at all. CNN [offers extraordinary details](http://www.cnn.com/2017/01/28/politics/donald-trump-travel-ban/index.html): --- > “” --- As I shall explain, in the short term, the incompetence is actually good news for people who believe in visa and refugee policies based on criteria other than—let’s not be coy about this—bigotry and religious discrimination. The President has created a target-rich environment for litigation that will make his policies, I suspect, less effective than they would have been had he subjected his order to vetting one percent as extreme as the vetting to which he proposes to subject refugees from Bashar al-Assad and the bombing raids of Vladimir Putin. Indeed, even as I write these words, the ACLU has already [succeeded](https://twitter.com/Reuters/status/825525912447963138) in petitioning a federal court for a class-wide stay of deportations of immigrants and refugees trapped in airports by Trump’s order. And a federal judge in Virginia has [issued](https://twitter.com/JoshDorner/status/825534492710408192) a temporary restraining order preventing the removal of green card holders detained in Dulles International Airport and requiring that these legal residents of the United States have access to counsel. In the broader sense, however, it is most emphatically not good news to have a White House that just makes decisions with no serious thought or interagency input into what those decisions might mean. In fact, it’s really dangerous. Let’s start with the malevolence of [the document](https://lawfareblog.com/executive-order-protecting-nation-foreign-terrorist-entry-united-states), which [Amira Mikhail summarized](https://lawfareblog.com/donald-trumps-executive-order-suspending-immigrant-and-refugee-entry-us) and [Adham Sahloul analyzed](https://lawfareblog.com/president-trump-closing-americas-doors) earlier today. I don’t use the word “malevolence” here lightly. As readers of my work know, I believe in strong counterterrorism powers. I defend non-criminal detention. I’ve got no problem with drone strikes. I’m positively enthusiastic about American surveillance policies. I was much less offended than others were by the CIA’s interrogations in the years after September 11\. I have defended military commissions. Some of these policies were effective; some were not. Some worked out better than others. And I don’t mean to relitigate any of those questions here. My sole point is that all of these policies were conceptualized and designed and implemented by people who were earnestly trying to protect the country from very real threats. And the policies were, to a one, proximately related to important goals in the effort. While some of these policies proved tragically misguided and caused great harm to innocent people, _none of them was designed or intended to be cruel to vulnerable, concededly innocent people_. Even the CIA’s interrogation program, after all, was deployed against people the agency believed (mostly correctly) to be senior terrorists of the most dangerous sort and to garner information from them that would prevent attacks. I actually cannot say that about Trump’s new executive order—and neither can anyone else. _This is excerpted from a piece that originally ran on_ [_Lawfareblog_](https://lawfareblog.com)_. To read the rest of the piece, click_ [_here_](https://lawfareblog.com/malevolence-tempered-incompetence-trumps-horrifying-executive-order-refugees-and-visas)_._ ```json [{"@context":"https://schema.org","@type":"OpinionNewsArticle","@id":"https://time.com/4652781/benjamin-wittes-donald-trump-immigration-order/","mainEntityOfPage":{"@type":"WebPage","@id":"https://time.com/4652781/benjamin-wittes-donald-trump-immigration-order/"},"headline":"Donald Trump's Immigration Order Is Horrifying and Incompetent on a Legal Level","datePublished":"2017-01-29T14:58:34.000Z","dateModified":"2026-02-23T03:00:42.785Z","description":"And is malevolent","url":"https://time.com/4652781/benjamin-wittes-donald-trump-immigration-order/","keywords":["Law"],"thumbnailUrl":"https://static.time.com/v3/assets/bltea6093859af6183b/blt41149af58dfa60b8/6988b7b9428a9e8933cd5aa2/trump-muslim-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","author":[{"@type":"Person","name":"Benjamin Wittes / Lawfare"}],"articleSection":"Ideas","image":[{"@type":"ImageObject","url":"https://static.time.com/v3/assets/bltea6093859af6183b/blt41149af58dfa60b8/6988b7b9428a9e8933cd5aa2/trump-muslim-ban.jpg?branch=production&width=1200&quality=75&auto=webp&crop=1200:675&height=675","width":1200,"height":675,"headline":"U.S. President Donald Trump signs an executive order to impose tighter vetting of travelers entering the United States, at the Pentagon in Washington","caption":"U.S. President Donald Trump signs an executive order to impose tighter vetting of travelers entering the United States, at the Pentagon in Washington, U.S., January 27, 2017. 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