Let us be clear: at the very least, the Executive Order issued was intended to be an illegal exercise of power, at least in part. Probably more so than that, but at least in so far as the White House intended and attempted to apply it to Green Card holders who are nationals of the named countries, it was blatantly illegal.
Supposedly there were lawyers in the Administration who passed off on this EO, who advised the WH it was a legal exercise of the President's powers. The acting Attorney General of the U.S. disagreed, and was fired for that. It appears that the Department of Homeland Security also disagreed but went about things less confrontationally (mostly by applying the EO contrary to some WH orders, but without discussing it one way or the other with WH staff, and continued to do so even after the WH sent communications to do otherwise).
While the Administration has subsequently made an effort to frame things otherwise, it is clear that initially the Executive Order was intended to bar even American Green Card holders from returning to the U.S. if they are a national of one of the seven countries named in the Ban. Several GC holders, who were on flights that landed in the first 24 hours or so after the EO was issued, were given the option of remaining in "detention" (otherwise known as jail) or at no additional cost to them, taking the next return flight to the airport from which they departed for the U.S., and several of them did indeed take the flight . . . doing so under much pressure and no opportunity to consult with anyone, not even their lawyers.
In particular, for around 36 hours the DHS (Homeland Security) and the White House were NOT on the same page, DHS informing airlines to allow GC holders to board flights to the U.S. (with advice to the GC holders they would be subject to further screening on arrival in the U.S.), and in contrast the WH informing DHS to not allow GC holders from the named countries to come to the U.S.
After initially taking the position that GC holders from the affected countries were banned, the WH then interpreted the EO to require GC holders (again, those who are nationals of the named countries) to obtain a "waiver" before they would be allowed to board a flight to the U.S., and then, if given the waiver, subject to further screening upon arrival.
While I am not sure that the U.S. law is so definite about the right of Permanent Residents to return to and enter the U.S., as the right of Canadian PRs to return to and enter Canada, my understanding is that it is at the least comparable.
That is, that GC holders have a legal right to return to the U.S. and to enter the U.S., by law.
Making the WH interpretation and attempted application of the EO illegal, at least in so far as it was being applied to GC holders.
Whatever the American electorate might want, however adamantly they might want it, the President of the U.S. has NO legal power to unilaterally change the law. And if the President takes action (or directs those in the Executive branch, like DHS and border officers and so on) contrary to the law, that is an illegal exercise of power. (Does not necessarily make it a crime. What is criminal is more precisely defined than what is "illegal.")
And Congress cannot change the law overnight. Or in a fortnight. The legislative process takes time.
The fact that the WH intended and attempted to have this EO applied illegally, at least in part, reveals a lot.
It reveals that either this President is willing to disregard the law, or is willing to act in ignorance of the law.
It reveals contempt for due process.
It reveals contempt for the rule of law.
It reveals this President has, within such a short period of time of taking office, acted illegally.
And make no mistake, this was deliberate, very much intended to be a demonstration of the scope of power this President intends to exercise.
None of this should be much of a surprise. This man did not just admit, but bragged about sexually assaulting women and because of his position being able to get away with that.
This man did not just admit to fraud, he bragged that he intended to break contracts and "renegotiate" them on better terms. And he wantonly broadcast that he considered schemes to deceive (otherwise known as fraud) banks and investors, as the "art of the deal."
This man built his political career on trying to de-legitimize a popular and duly elected President by deliberately advancing what he knew was a total falsehood, exploiting the lowest common-denominator in American society, racism and bigotry.
This is not going to go well. To what extent it will not go well is a huge unknown. Anybody's guess. The media and their pundits are stunned and spinning their wheels, incapable of dealing with this phenomena, struggling to get some traction, struggling to establish even a perspective let alone find answers.
Millions are incessantly checking the news, hoping that suddenly the headlines will tell a different story, the gold-gilded goon has suddenly departed and reason is being restored. They know that is not going to be the news, that is not going to happen. They cannot help hoping otherwise.
This is madness, on the brink of huge changes, no reliable markers to guide the way. The capacity of societies to normalize and adapt may allow this storm to pass without too much damage being done. There are, though, huge risks otherwise. The many millions who have already taken to the streets were remarkably civil and peaceful and law-abiding. But so many millions already taking to the streets also reveals a lot. And that is a lot that does not bode well for where the current Administration is headed.
Odds are high this is going to get very ugly before the dust settles.
I feel like that Italian man who, last week, happened to leave the hotel and was out in the parking lot when a huge avalanche swept down and crushed the hotel, his family and many friends inside. I made it out. I have family left behind. And many others about whom I care deeply. They are now buried in that morass of senseless extremism wrought by narcissism and rabid partisanship which feigns to be American democracy.
No shining beacon on a hill in sight.