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This just means the stay stands. It doesn't mean the law won't happen. It will have it's day in court.
If Trump doesn't learn his lesson about going through proper channels and making sure his stuff is tight before he releases it, we are in for 4 long years of the same.
He absolutely has the authority to make changes to the immigrant vetting progress, but he can't do it like this.
Actually, he can. The law is quite specific in what powers POTUS has in this regard:
8 U.S.C. § 1182(f)
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.
No,
There is a law for that.
It too is very clear, just like the one the courts want to insert language into, on the restriction to Trumps EO.
Again, Trump's EO has law for that it permits the President to prevent classes of people from entering the US, given there's immediate danger to the publics interest. This was challenged and only upheld during the internment of Japanese American citizens after Japan attacked Pearl Harbor. (See Korematsu v. United States)
Are you saying, Middle Eastern refugees and immigrants pose the same exact threat and therefore, the public is under the same immediate danger?
Not exactly...he was unable to demonstrate that those 7 Countries had presented 'immediate security concerns'. There is also the little 'problem' of not allowing people with permanent US residency to enter the Country
THE LAW does not require the President to demonstrate anything. As stated, the law is so plain that any high school graduate can understand it.
Here it is again:
"(f) Suspension of entry or imposition of restrictions by President
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."
It is beyond comprehension that any legal scholar could say that THAT paragraph is open to any doubt about what it says! It is amazingly plain and simple.
Again, Trump's EO has law for that it permits the President to prevent classes of people from entering the US, given there's immediate danger to the publics interest. This was challenged and only upheld during the internment of Japanese American citizens after Japan attacked Pearl Harbor. (See Korematsu v. United States)
Are you saying, Middle Eastern refugees and immigrants pose the same exact threat and therefore, the public is under the same immediate danger?
Those were not people coming here, those were US Citizens locked up and set precedent, it can happen again for security of the nation to lock up it's out citizens based upon a stupid criteria.
He doesn't have to demonstrate chit. He can ban them for picking their nose. He can ban them for wearing red.
The 9th circuit cannot extend due process to the world like they just did. That is reserved for We the People of the USA.
Due process has never extended to citizens under the jurisdiction of other nations(foreign nationals).
So, the 9th, just gave every person in the world, the RIGHT to come to the USA.
THE LAW does not require the President to demonstrate anything. As stated, the law is so plain that any high school graduate can understand it.
Here it is again:
"(f) Suspension of entry or imposition of restrictions by President
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."
It is beyond comprehension that any legal scholar could say that THAT paragraph is open to any doubt about what it says! It is amazingly plain and simple.
Laws in this country are required to be rational.
The law is so broad that the President could declare only white people can be admitted, or only men can be admitted. And if he made such executive orders, the orders would be challenged, rightfully, as a violation of our Constitution and principles. The court's actions to place limitations on the President's executive power is appropriate, it is a reflection of the checks and balances of our system of government.
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