“The Way I See It” is an attempt by the columnist to enlighten readers on a subject as he views it, and does not necessarily reflect the views of this publication.
On Trump’s “Muslim Ban”
President Trump had promised in his campaign to stop the influx of radical Muslim Jihadists posing as “refugees” and coming here on temporary “Visas”, and he actually did it. Trump actually trying to do what he promised has infuriated Liberals, especially Liberal Activist Judges. But it is the prime responsibility of any Govt to protect the National Security, borders, and its Citizens from criminals and invaders.
Trump issued a ban on “Refugees” from Syria and a Temporary Ban on visas from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen on 1/27, until there is a method of properly “vetting” people from those countries.. Early on Jan 28, Judge Allison D. Burroughs and Magistrate Judge Judith G. Dein issued a Temporary Restraining Order (TRO) at the request of the American Civil Liberties Union (ACLU) to halt the Ban. That TRO only covered those coming into Boston. The Immigration authorities continued to seriously question people from the named countries, but most were released. US Citizens are the only ones with a “Right” to enter the country, but the Immigration authorities extend it to those having Permanent Residence Status. On Monday 1/30, U.S. District Judge Nathan Gorton denied extending the TRO, after reviewing the law. “Visas” are a temporary permission for foreigners traveling under a Passport to enter the country for a stated purpose and usually for a stated period of time and can be denied or cancelled for any reason. No foreigner has a “legal property right” to a “Visa”.
In Seattle, Washington, Judge James L. Robart issued a Temporary Restraining Order (TRO) against Pres. Trump and the Immigration authorities on Feb. 3 at the request of lawyers for the States of Washington and Minnesota, calling it a Muslim Ban, a religious Ban, and “Un-Constitutional”. And he made his TRO Nationwide. He is wrong on many counts. It only bans people from 7 of over 50 Muslim countries, places that can’t or won’t track Jihads and terrorists. And is not specific to Muslims. It is well known that radical Islamofascist groups send terrorists to Western countries for attacks against innocent civilians; they actively call us “The Great Shaitan (Satan)”, and call for our destruction. THEY are actively at war with us, in the name of Islam, even though we are NOT at war with Islam. The Constitution gives Congress the powers to regulate immigration, and Congress by The Immigration and Naturalization Act of 1952 delegated the power to the President to restrict any immigration based on “country of origin”. (Public Law 414, Chapter 477)*. This has been used many times, including by liberal Democrat Presidents Jimmy Carter and Barack Hussein Obama against Muslim countries. These 7 problem countries were previously identified by the Obama Administration, but no action was taken. President Trump is well within his “authority”, and his responsibility; but the “Liberal activist Judge” is simply ignoring the law and lying about the facts.
There are also difficulties with points of Law and Procedure. Minnesota and Washington States in applying for a TRO claimed “they” will “suffer irreparable damage” if the TRO is not given. This simply is not true. It is difficult to imagine how the States will “suffer any damage” from the temporary ban, much less “irreparable”. This is just “Political Theater”, not a real case in Law. The States have no “Standing”, only those individually affected, and they have no case because they have no “Right” to a “Visa”. The lawsuit should have been dismissed by the district court in whole or in part for lack of “Standing” and Minnesota is not even in the 9th Circuit. Second, the district court Judge did not give the required legal reasoning in its order to justify the TRO. And the Judge had no jurisdiction enjoining the executive order nationwide, only just in the two states, if at all.
Furthermore, he chose to completely ignore Title 8, Chapter 12, US Code 1182 (f) :
(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. 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.
This is the Federal law from 1952 that gives President Trump the authority and the Responsibility to issue his ban.
Govt lawyers went to the Ninth US Court of Appeals for a “stay” on the TRO on those grounds and National Security, but after Oral Arguments via telephone on 2/8 the Court upheld Judge Robarts TRO on 2/10.
…………………………………………………………
Opinion: I have long suspected that some Liberal “Judges” are far more interested in their AGENDA than in their Oath to the Constitution and loyalty to the American People. On 2/10, I read an article by Ken Klukowski, senior legal editor for Breitbart News and a fellow with the American Civil Rights Union. He quoted the Supreme Court:
“The procedural protections provided by the Fifth Amendment’s Due Process Clause are not limited to citizens. Rather, they apply to all persons within the United States, including aliens, regardless of whether their presence here is lawful, unlawful, temporary, or permanent.”
Reading this explains a lot. “Their interpretation” is that foreigners, even illegals, have rights equal to Citizens, and even superior to the National Security concerns of the Trump Administration and the Citizens that elected him. (?!?) The Courts have usurped powers far beyond their jurisdictions. Even to overturn laws by Congress, Mandated by the Constitution; and the authority of the President and Commander-in-Chief to enforce the Laws as written and to defend our nation. Woe is us, if they can get away with that!
Congress needs to immediately pass a law that clearly states that Constitutional guarantees ONLY apply to CITIZENS, and the extension of these rights to any Non-citizens are only to be determined by Immigration Law issued by Congress and signed by the President; as per US Constitution, Article I, section 8, Paragraph 1 & 4.
“The Congress shall have Power To……provide for the common Defense and general Welfare of the United States;”
“To establish an uniform Rule of Naturalization,” (and immigration)
The very idea that the Courts can make the decision that Constitutional Rights “apply to all persons within the United States, including aliens, regardless of whether their presence here is lawful, unlawful, temporary, or permanent.” even to the detriment of the safety of our Citizens and National Security is ludicrous! And frightening! Wrong to the point of Criminal Malfeasance! But a perfect example of the Current Political Correctness of “Liberal Logic”.
