“Trump Gag Order: Federal Appeals Court Delivers Fatal Blow

The Trump administration is in the news again, this time for the U.S. Ninth Circuit Court of Appeals upholding a controversial gag order restriction on migrants arriving at the U.S. border. The federal court sided with the Trump administration on Tuesday, affirming the United State Customs and Border Protection’s (CBP) right to require border applicants to sign a “no protest” agreement before they are allowed to enter the country. The gag order requires asylum seekers and other applicants to sign a document promising that they will “not engage in any protests, public speeches, or media engagements” in exchange for being admitted at the border. Those who refuse to do so are not only denied entry, but they also face deportation. These restrictions are part of the Trump administration’s ongoing mission to increase immigration control. Critics have argued that the gag order limits migrants’ right to freedom of speech as well as their access to legal assistance. According to the American Civil Liberties Union (ACLU), “the language of the gag rule is overly broad and restricts any speech or expression that CBP finds objectionable, including peaceful protests or simply talking to the press about one’s experiences or situation.” The ruling was not unanimously in favor of the Trump administration. In the 9-2 decision, three judges dissented, arguing that the rules are unconstitutional. One dissenting opinion stated that “there is no reason why we should permit the government to apply an entitlement-based restriction to those traveling without permission or presenting themselves at a port of entry, as opposed to those who seek to stay in the United States for a longer period of time.” Despite the controversy, the federal court’s ruling will likely embolden the administration’s stance on immigration in the coming months, as the gag order continues to be enforced. Consequently, this decision has wide-ranging implications for U.S. immigration policy today and in the future. For now, the Trump administration’s gag order remains in effect. The ACLU is still pushing forward with a legal challenge to have the restrictions overturned, but until then, migrants arriving at the U.S. border must remain mindful of their rights and responsibilities in order to be admitted, and this recent court ruling will certainly continue to shape immigration policy moving forward.