Judge Blocks Immigration Order; President Trump Responds

A federal judge in Seattle has issued a nationwide restraining order halting parts of the executive action signed by President Donald Trump that temporarily bars some immigrants and refugees from seven predominantly Muslim countries -- a move that the Washington state attorney general said is "historic" and indicates that "no one is above the law."

The White House ripped the ruling -- which involved the states of Washington and Minnesota -- hours later, at first calling it "outrageous" in a statement and then removing the word from an updated release.

"At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the executive order of the President, which we believe is lawful and appropriate," the updated statement said. "The president's order is intended to protect the homeland and he has the constitutional authority and responsibility to protect the American people."

And on Saturday morning, Trump in a series of tweets wrote, "When a country is no longer able to say who can, and who cannot, come in & out, especially for reasons of safety & security - big trouble! ... Interesting that certain Middle-Eastern countries agree with the ban. They know if certain people are allowed in it's death & destruction! ... The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!"

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

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Jay Sekulow  ACLJ

On January 27, 2017, President Donald Trump entered an Executive Order that (1) suspends immigrant and nonimmigrant entry from 7 countries of particular concern; (2)pauses the entire U.S. refugee program for 120 days; and (3) prioritizes claims of people seeking refugee status due to religious persecution from countries where their religion is a minority.  Importantly, nothing in the Order bans the entry of Muslims because they are Muslims or even identifies any particular religion or faith.  Nor does the text of the order violate the Constitution.

Here are the key points of the Order that impact immigration (not refugee acceptance):

  • Relying on authority and procedures set forth in 8 U.S.C. 1187(a)(12), the Order suspends for 90 days the entry of people from “countries of particular concern” (currently Iran, Iraq, Syria, Sudan, Libya, Yemen and Somalia – all countriesalready designated as such during President Obama’s Administration).  Sec. 3(c).  Among other reasons, this 90-day pause is “to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals.” Id.  Certain diplomatic and governmental visa holders are exempted.
  • The Order also requires a “determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days”; Department of State (DOS) to request such information from all foreign governments; and a recommendation of countries whose nationals should be prohibited entry due to a country’s failure to provide the information. Sec. 3.

And here are the key points of the Order that impact the United States’ acceptance of refugees:

  • The Order pauses the U.S. Refugee Admissions Program (USRAP) for 120 days, during which the program will be reviewed “to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures.” Sec. 5(a).
  • The Order also “prioritize[s] refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality.” Sec. 5(b).
  • The Order suspends the acceptance of Syrian refugees as “detrimental to the interests of the United States” until “sufficient changes” have been made to the refugee program.  Sec. 5(c).
  • The Order sets the overall refugee cap at 50,000, Sec. 5(d), much closer to normal refugee limits before the Obama Administration dramatically increased the number last year.  The President clearly has the discretionary authority to make this adjustment.
  • The Order states the President’s policy that State and local jurisdictions should have “a role in the process of determining the placement or settlement in their jurisdictions of aliens eligible to be admitted to the United States as refugees.” Sec. 5(e).
  • The Order also requires a “determination of the information needed for adjudications and a list of countries that do not provide adequate information, within 30 days”; DOS to request such information from all foreign governments; and a recommendation of countries whose nationals should be prohibited entry due to a country’s failure to provide the information. Sec. 3.
  • The Order also grants the appropriate government agencies the authority to grant exceptions to these policies, on a case-by-case basis. This ensures that when exceptions need to be made, they can be.

The directives contained in the Order are closely tethered to discretionary powers vested in the Executive Branch and clearly fall within the President’s well-established constitutional and statutory authority.  Again, the Order does not ban Muslim immigrants or refugees because they are Muslims and makes no reference to any specific religion. The Order simply pauses the entry of immigrants from certain unstable and terrorism-infested countries and refugees for the clearly articulated purpose of allowing time for needed improvements to the United States’ woefully inadequate immigration and refugee screening process. The countries whose nationals are implicated in the Order were already designated as countries of particular concern.  This Order reflects much of what the ACLJ has called for and is a good “first step” in the difficult process of fixing our immigration and refugee system and the task of securing our nation.

As we have been advocating for the last fourteen months, a pause in the Syrian refugee program is needed in order to ensure that our vetting standards keep the American public – and refugees – safe.  ISIS (the Islamic State) has specifically and publicly called for the infiltration of the refugee program – seeking to use refugees fleeing genocide as camouflage to enter the United States and inflict terror. ISIS has successfully inflicted carnage in this way throughout Europe. It cannot be allowed to happen here.

The ACLJ also continues to advocate for in-region safe zones as the best, quickest, and most humane and compassionate way to aid the millions of refugees fleeing jihadist genocide. We are encouraged by the fact that the Trump Administration is still pursuing this critical component of our 5-point refugee plan. In fact, President Trumpsecured the support of the King of Saudi Arabia this weekend for the implementation of safe zones.

We continue to strongly support the pause in the Syrian refugee program, the implementation of a verifiable vetting of refugees, the prioritization of religious minority refugees fleeing genocide and religious persecution, the implementation of safe zones in the region, and the destruction of ISIS.

https://aclj.org/national-security/what-president-trumps-executive-...

Appeals court denies Trump request to immediately reinstate travel ban

Early Sunday morning a federal appeals court denied the Justice Department's request for an immediate reinstatement of President Donald Trump's ban on accepting certain travelers and refugees.

The DOJ filed an appeal of a judge’s order temporarily stopping Trump’s travel ban on Saturday night, saying it’s the “sovereign prerogative" of a president to admit or exclude aliens.

The 9th U.S. Circuit Court of Appeals in San Francisco instead asked for the Justice Department to file a counter-response by Monday afternoon.

The higher court's denial of an immediate stay means the legal battles will continue for days at least.

The appeal stated that the district court’s ruling “conflicts with the basic principle that an alien seeking initial admission to the United States requests a privilege and has no constitutional rights regarding his application."

The appeal also said the temporary order blocking Trump’s ban was an overreach of judicial authority. The order was issued by U.S. District Judge James Robart in Seattle.

"Judicial second-guessing of the President's national security determination in itself imposes substantial harm on the federal government and the nation at large," it said.

Acting Solicitor General Noel Francisco argued on Saturday night saying that the president has the power to decide who can enter or stay in the United States.

"The power to expel or exclude aliens is a fundamental sovereign attribute, delegated by Congress to the executive branch of government and largely immune from judicial control," the brief says.

The Justice Department asked that the federal judge's order be stayed pending resolution of the appeal, so that the ban can "ensure that those approved for admission do not intend to harm Americans and that they have no ties to terrorism."

Trump’s controversial executive order has caused unending confusion for many travelers trying to reach the U.S.

Demonstrations took place outside the White House, in New York and near his estate in Palm Beach, Florida, where Trump was attending the annual American Red Cross fundraising gala.

"We'll win," Trump told reporters Saturday night. "For the safety of the country, we'll win."

The department on Saturday advised refugee aid agencies that those set to travel before Trump signed his order will now be allowed in. A State Department official said in an email obtained by The Associated Press that the government was "focusing on booking refugee travel" through Feb. 17 and working to have arrivals resume as soon as Monday.

The Homeland Security Department no longer was directing airlines to prevent visa-holders affected by Trump's order from boarding U.S.-bound planes. The agency said it had "suspended any and all actions" related to putting in place Trump's order.

Hearings have also been held in court challenges nationwide. Washington state and Minnesota argued that the temporary ban and the global suspension of the U.S. refugee program harmed residents and effectively mandated discrimination.

http://www.foxnews.com/politics/2017/02/05/appeals-court-denies-tru...

I believe this temporary immigration order (not a ban) would sustain a SC challenge. I'm sure as we are here now, an dis order in suspense, he is working on that extreme vetting he mentioned.

I just posted another article. Trumps people will be ready for Monday on this! 

Thanks for excellent work, Robin.

Here's a little something we all need to be considering:  no Judge, be it a Federal or Supreme Court position, is appointed for life.

Our Constitution expressly requires the Justices in this Country exhibit GOOD BEHAVIOR.

Remedy for those judges who fail required standard is IMPEACHMENT, which, regarding a Federal Judge, has happened as recently as 2010.

The Federal Judge attempting to circumvent our President's lawful authority is just a damned fool!  The Judge at issue could not possibly have access to the secret intelligence reports, made available to the EXECUTIVE---moreover, both the President and head of Homeland Security have separately announced, to the public, that the executive decision is a matter of NATIONAL SECURITY. 

If known protocol concerning prosecution of war, declared by Congress, is observed, it appears the threat to NATIONAL SECURITY occurs during TIME OF WAR.

To my knowledge, there has never been a treaty, ratified by the Senate, as would effectively end the USE OF FORCE regarding Iraq and Afghanistan.  Authorization for use of force my be reasonably interpreted a  Congressional declaration of war.  Only the Congress can declare war, and end the war it declares---NOT THE PRESIDENT.

 There is every indication that by lapse of time, confusion, and Soetoro/Obama simply pulling troops out, that Congress has officially rescinded use of force.  If that has happened, where's the treaty with those countries where force was so vividly used???

On a final note, please find time to check the following link.  It becomes clear the House of Representatives has full authority to IMPEACH the Judge at issue, and I highly recommend it proceed to do so.  Once again, this unwelcome process has been completed as recently as 2010.

http://www.fjc.gov/history/home.nsf/page/judges_impeachments.html

Thanks so much, Kurtis! Also, thank you for adding this important information. 

Media Distorts Trump’s Travel Ban Suspension – Lies About What Really Happened

The media is lying to you.

They’re telling you that a Seattle Judge’s restraining order on President Donald Trump’s travel ban is a “denial” or a “rejection” of the Department of Justice’s appeal of his decision.

It’s just not.

Judge James Robart, a George W. Bush appointee, put a halt to Trump’s executive action, but only until Monday afternoon, when both sides can file additional paperwork defending their decision.

But that’s not how the media is reporting it. They’re telling you that Trump failed.

Here’s what really happened, reported in the New York Post:

A federal appeals court denied early Sunday the Justice Department’s request for an immediate reinstatement of President Donald Trump’s ban on accepting certain travelers and all refugees.

The 9th U.S. Circuit Court of Appeals in San Francisco instead asked challengers of the ban respond to the appeal filed by the Trump administration late Saturday night, and for the Justice Department to file a counter-response by Monday afternoon.

That’s it. Just a request for written briefs. Everything is on hold now. It’s not a ban, it’s not a denial, or a rejection. Donald Trump didn’t fail.

But that’s what the media wants you to think.

http://thefederalistpapers.org/us/media-distorts-trumps-travel-ban-...

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