Is the President’s immigration authority that difficult to understand?

The left loves to pick and choose which laws they will adhere to—that includes liberal justices on the 9th Circuit Court of Appeals.  In the most recent example of picky-choosey, the 9th “Circus” unanimously decided the courts must serve as a check on the president, even when he is acting within his lawful national security powers.   At issue, of course, is President Trump’s temporary travel ban from 7-countries identified by the Obama administration as harboring Islamic terrorists, and placing a brief pause on refugees coming into the United States until more efficient vetting protocols are established.

And the problem with that is?  The left ridiculously claims the President’s decrees will cause radical Muslims to retaliate and attack American interests.  Question to the clueless: was a travel ban responsible for the Crusades, the Munich Olympics massacre, or 9-11?

Gimme a break!

The Constitution assigns to the president alone nearly all decision-making authority on foreign policy.  Plus, Congress has assigned to the president the power of immigration suspension as a tool with which to implement foreign policy.  But laws, shmaws. The 9th Circus decided otherwise.

Here’s what Title 8, Chapter 12, USC 1182 states:

Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.

I am not suggesting that the courts have no place here. Rather, they have a critical place: to say what the Constitution means, declare what the statutes mean, and determine whether the government has exercised its powers constitutionally and legally.  No squirrely legal gymnastics to shut down Executive Orders that make their liberal consciences feel bad.  That federal judges would overrule the president of the United States on a matter of border security at a time when enemies seek our destruction is beyond absurd.

As for the whiny liberal losers in the Democrat Party, why were they so perfectly silent when Obama shut down Iraqi refugees from entering the U.S. for almost a year?

Comments

  1. It’s way more complicated than you think. An alien, by definition, is someone trying to enter to either to become an immigrant or as a non-immigrant visitor. Once someone has immigrant status, those immigrants are entitled to a lessor level than a citizen of due process. Aliens who have never been granted entry into the USA do not get due process. Trumps order appears to have been issued in such a way, that green card holders are being turned away without that minimal due process. Besides, do we really like Executive Orders? I think they are a form of illegal legislation. I’d like to see the EO abolished, except where it is a directive to federal agencies. Aren’t we sick of presidents effectively writing law. Even where it’s a rule to an agency, EOs bypass the constitutionally mandated rule making process.

  2. But in this case the Executive Order was attempting to be in accord with the authority directly given to the Executive branch. Additionally foreign nationals do not have a (U.S.) Constitutional right to immigrate to our country.

  3. The executive branch has broad discretion through this authority. In 2015, the Supreme Court ruled that the government can deny someone a visa on national security grounds without a specific reason.

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