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De Omnibus Dubitandum - Lux Veritas

Thursday, February 16, 2017

Ruling Blocking Trump Ban Doesn’t Even Mention the Applicable Law

Politicized? No doubt about it!

February 15, 2017 Robert Spencer 14

President Trump’s “Muslim ban,” the focus of so much Left hysteria, is dead for the time being, after the hard-Left 9th Circuit Court of Appeals struck it down. What is odd, however, in their ruling is that it never even mentions the relevant law by which Trump claims the authority to limit immigration in the first place. Here it is:

(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.
 
Despite the fact that the appeals court ignored this law, it is the core of the whole controversy turns on this law. It’s hard to see how any Presidential action restricting immigration can be overruled in light of it, as it specifies that “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 can “suspend the entry of all aliens or any class of aliens.

President Trump knows this, and tweeted about it Friday morning: “LAWFARE: ‘Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute.’ A disgraceful decision!”......To Read More......
 




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