Video: Blumenthal Raises Concerns About Trump Travel Ban at Hearing for Top Homeland Security Official

[WASHINGTON, D.C.] – Today, U.S. Senator Richard Blumenthal (D-CT), a member of the Senate Homeland Security and Governmental Affairs Committee, raised concerns about the Trump Administration’s new Executive Order dramatically restricting travel to the United States for nationals of nineteen countries. Blumenthal questioned the Trump Administration’s nominee to serve as General Counsel of the Department of Homeland Security about the new policy.

“The President last night issued a very broad travel ban. My view is that it may well be overbroad, and blunderbuss, denying our nation energy and talents and skills that we need for our economy, not to mention the humanitarian concerns that many of us have. We are still analyzing and evaluating this ban, but it strikes me as problematic in a number of respects, constitutionally as well as in terms of policy,” said Blumenthal.

Blumenthal also raised specific concerns regarding the impact of the policy on Afghan nationals who supported and defended U.S. interests during the war in Afghanistan. Although the Executive Order exempts holders of Special Immigrant Visas from the travel ban, Afghans who served the U.S. mission by working with non-profit, humanitarian, or civil society organizations or other non-government entities would be barred from seeking asylum or refugee protections.

“Shouldn't we allow these people to come to the country that they served in Afghanistan, and now are at risk, along with their families, of death and torture if they are not allowed to come here?” Blumenthal asked.

Transcript of the exchange is copied below the video is available here.

Senator Blumenthal: Mr. Percival, as you well know, the President last night issued a very broad travel ban. My view is that it may well be overbroad, and blunderbuss, denying our nation energy and talents and skills that we need for our economy, not to mention the humanitarian concerns that many of us have. We are still analyzing and evaluating this ban, but it strikes me as problematic in a number of respects, constitutionally as well as in terms of policy.

But I want to focus particularly on the impact of one of the aspects of this program, as it affects our Afghan at risk allies who were interpreters and security guards and aided our troops and diplomats. My son is one of them. He was a Marine Corps officer in Afghanistan, who was greatly aided by his interpreter. He brought him over after a couple of years of working hard in the system. I have been a champion of the Afghan Adjustment Act. I care deeply about these Afghan allies who put their lives on the line, they now have targets on their backs. If they have to go back to Afghanistan, they will be tortured and murdered.

Several months ago, the Administration suspended the United States refugee admissions program, which left hundreds of these Afghan allies stranded in Pakistan and Qatar having fled the Taliban, only to get stuck by our apathy in a third country while already engaged in the screening process to come here.

Now the Administration has suspended all immigrant and non-immigrant visas for Afghan nationals, pursuant to the travel ban that President Trump issued yesterday. Would you agree with me – I hope you will – that we ought to, first of all, make individualized determinations on many of the people wanting to come for the country, but specifically focusing on our Afghan allies? Shouldn't we allow these people to come to the country that they served in Afghanistan, and now are at risk, along with their families, of death and torture if they are not allowed to come here?

James Percival: Thank you Senator for the question. First of all, thank you to yours son for his service, obviously the American public appreciates that. Honestly, I was getting ready for this hearing, I think this just broke last night, I'm not super familiar with the President’s order. My understanding is it’s under 212F of the INA, which I believe the Ninth Circuit just said exudes deference to the President. So this is a decision the President makes. As General Counsel, if confirmed, my focus will be on provide legal advice.

Blumenthal: Will you work on making exceptions for those allies, namely from Afghanistan, but possibly other countries, who in effect provide these serves because if we don't help them now, nobody is going to want to help our troops in the future, when they are on the ground serving our country in other countries.

Percival: If confirmed, Senator, I'm happy to continue this conversation. Like I said, I'm not super familiar with the order that was signed last night.

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