President Trump got a much-needed win today when the Supreme Court allowed part of his executive order on immigration to take effect, vacating stays issued by lower courts. The justices will decide the fate of the executive order in the fall. Judging by today’s ruling, it’s possible that Trump will triumph, at least in part, if only because the president has broad authority to restrict entry into the United States by anyone who is not a citizen or permanent resident. But even if Trump’s executive order proves to be legal, that doesn’t mean that it’s wise or necessary from a security standpoint.

The Department of Homeland Security can now keep out nationals of six Muslim countries—Iran, Syria, Libya, Somalia, Sudan and Yemen—as long as those nationals cannot “credibly claim a bona fide relationship with a person or entity in the United States.” Prepare for more litigation to figure out what constitutes a “bona fide relationship,” a new, arbitrary standard invented by the justices to modify the arbitrary standard invented by President Trump. What does any of this have to do with the dictates of counter-terrorism—the ostensible justification for the travel ban? Not much.

There is no history in the United States of terrorist acts committed by nationals of the six countries in question. As a Cato analyst noted, back when the ban still applied to Iraq as well as the six other countries: “Nationals of the seven countries singled out by Trump have killed zero people in terrorist attacks on U.S. soil between 1975 and 2015.”

In justifying the travel ban, Trump’s original executive order on January 27 made its main argument the 9/11 attacks, “when State Department policy prevented consular officers from properly scrutinizing the visa applications of several of the 19 foreign nationals who went on to murder nearly 3,000 American.” But the 9/11 attacks were committed by 15 Saudis, 2 Emiratis, 1 Egyptian, and 1 Lebanese—none of whom would be covered under the Trump travel ban. That’s not an argument for enlarging the ban but merely a commentary on the fact that the executive order as crafted is utterly disconnected from any actual security threat.

This reality is further underlined by the fact that when the original executive order was issued on January 27, the Trump administration claimed that it had to suspend all entry for nationals of seven Muslim countries for 90 days—and of all refugees from all over the world for 120 days. The stated intent of that order was to “ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals.”

Well, it’s now been 150 days since that executive order was issued—and we have not experienced any attacks by the hordes of terrorists that Trump claimed were waiting to rush into the United States when his executive order was suspended. And yet the administration is now arguing that it needs at least 90 more days to come up with vetting procedures for the entry of nationals of the six Muslim countries in question. Why haven’t the previous 150 days sufficed to make entry requirements as stringent as they need to be? In reality, there is no evidence that Homeland Security has had to strengthen already rigorous admission standards significantly.

President Trump gave away his real motives for pursuing the travel ban, in spite of the original justification lapsing, when he tweeted in favor of it on June 3 just minutes after a terrorist attack in London. “We need to be smart, vigilant and tough,” he wrote. “We need the courts to give us back our rights. We need the Travel Ban as an extra level of safety!” When Trump sent that tweet, the nationality of the attackers was not known. (They would subsequently be identified as a British citizen born in Pakistan, an Italian citizen born in Morocco, and a Moroccan who had been granted residency in the European Union because of his marriage to an Irish woman.)

All that anyone knew at that point is that the attackers were Muslims. So Trump was clearly signaling that his real worry is not about the six countries in question—none of which had anything to do with the London attack—but with Muslims in general. In keeping with his campaign rhetoric, which catered to anti-Muslim bigotry, Trump evidently wants to keep as many Muslims out of the country as possible.

It will be up to the Supreme Court to rule on whether Trump can do so under the Constitution. From a security standpoint, this blanket animus against Muslims is highly counterproductive. It would make no sense, even if it were legally possible, to keep out all Muslims—including citizens of American allies from Britain to Saudi Arabia. It’s not even clear that this is possible to do: How would immigration agents know that someone is a Muslim or not? Passports don’t ordinarily list religion.

The U.S. needs the cooperation of moderate Muslims, both at home and abroad, to fight the scourge of terrorism, which has claimed far more Muslim lives than those of Christians or Jews. That means we shouldn’t alienate Muslims by trying to ban them from the United States. The U.S. should be trying to gather as much intelligence as possible on terrorist designs from within Muslim communities, both domestically and abroad, while at the same time carefully screening anyone, Muslim or not, who seeks entry to the United States.

But that’s not very sexy. It’s, in fact, the status quo. Trump seems intent on some big, showy, symbolic act, no matter how counterproductive, to demonstrate that he is doing more to combat terrorism than Obama. The Supreme Court may just let him get away with it.

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