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Immigration
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Title: Ignore 4th Circuit, Mr. Trump, because they ignored law
Source: [None]
URL Source: https://www.onenewsnow.com/national ... trump-because-they-ignored-law
Published: May 27, 2017
Author: aa
Post Date: 2017-05-27 09:50:40 by HAPPY2BME-4UM
Keywords: None
Views: 95
Comments: 5

It appears the U.S. Supreme Court will have the final word about President Donald Trump's travel ban, predicts the spokesman for a pro-immigration enforcement organization.

The 4th U.S. Circuit of Appeals upheld a block on Trump's executive order, which would have temporarily banned entry for individuals from seven Muslim-majority, war-torn countries until they can be properly vetted.

Ira Mehlman of the Federation for American Immigration Reform says the case must continue before the Supreme Court.

The scrutiny of the travel ban was mocked by former president Barack Obama, who said from Germany that "we can't hide behind a wall."

But the former president himself signed a 2015 law tightening eligibility requirements to travel to the U.S. from the same countries named by Trump's executive order. The law came after terrorist attacks in San Bernadino, California and Paris, France.

Judge Roger Gregory's arguments are "full of legal stupidities and outright manipulations," Ben Shapiro, the conservative writer, speaker, and a frequent Trump critic, writes at website Dailywire.com.

Shapiro goes on to call the legal decision "a judicial usurpation of the highest order" and the so-called "Never Trumper" suggests that Trump is within his constitutional rights to ignore the court's injunction.

At website Conservative Review, Daniel Horowitz lists multiple reasons why Trump is within his legal rights to win the legal fight, beginning with the President's settled legal right to bar entry of aliens.

Horowitz also writes that the federal judiciary is building a legal case on political statements and allowing foreigners to have legal standing in a U.S. court, among other reasons he argues the legal challenge is a weak case that borders on absurd.

Mehlman, meanwhile, points out the 4th Circuit ruling comes just days after a suicide bombing by a Muslim jihadist in Manchester, England killed 22 people.

https://www.onenewsnow.com/national-security/2017/05/26/ignore-4th-circuit-mr-trump-because-they-ignored-law

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#1. To: All (#0)

The entire premise of this case is among the most absurd lawsuits ever brought in court for a number of reasons:

1. For decades upon decades, the courts have been clear that the right to exclude is plenary and entirely the political branches’ prerogative. The courts have no power to second-guess any decision — and that is settled law.
2. Seven statutes grant the president full power to bar entry to aliens, even those who have already received visas. In fact, one of the laws, 8 U.S. Code §1201(h)(i), which passed the Senate 96-2 in 2004, explicitly stripped the courts of any jurisdiction to adjudicate the revocation of visas for anyone seeking entry into the country.
3. A foreign national has no legitimate standing to challenge federal immigration laws or national sovereignty.
4. Shockingly, the other plaintiffs in this lawsuit are refugee resettlement contractors who were given standing to sue on the grounds that they are entitled to taxpayer funding and that a refugee moratorium would hurt their business!Even if foreign nationals could get standing through U.S. relatives, this case was not ripe because it assailed the president’s policies on “future” immigration. Thus there was no valid case or controversy with injury-in-fact.
5. The notion that a district judge could issue a nationwide injunction outside the specific case to apply to a national immigration policy is bonkers.
6. The district judge used political statements as the foundation of his legal argument, which should scare anyone who wants to uphold jurisprudential standards.
7.  The entire premise that the Establishment Clause grants foreign nationals a religious liberty right to immigrate (but not conscience and property rights to Americans of faith!) is preposterous. Nor is there any Equal Protection or Due Process right. As the Supreme Court said in Ju Toy v. United States (1905):
   

   “That Congress may exclude aliens of a particular race from the United States, prescribe the terms and conditions upon which certain classes of aliens may come to this country, establish regulations for sending out of the country such aliens as come here in violation of law, and commit the enforcement of such provisions, conditions, and regulations exclusively to executive officers, without judicial intervention are principles firmly established by the decisions of this Court.” [emphasis added]

   Two years prior, in “The Japanese Immigrant Case,” the court used the exact same language and declared that, based on an uninterrupted stream of near-unanimous decisions, the constitutionality of such an exclusion “is no longer open to discussion in this Court.”
8. Even if we agreed to this absurd and dangerous premise that there are anti-discrimination limitations on national sovereignty, a premise these courts have apparently accepted as gospel, there is no discrimination here. The moratorium on refugees are applied equally to every nation, and the six countries targeted for suspension of visas are enemy or failed states. The largest Muslim nations are not even on the list.
9. Seven statutes grant the president full power to bar entry to aliens, even those who have already received visas. In fact, one of the laws, 8 U.S. Code §1201(h)(i), which passed the Senate 96-2 in 2004, explicitly stripped the courts of any jurisdiction to adjudicate the revocation of visas for anyone seeking entry into the country.
10. In addition to being covered and even mandated by statute, the right to exclude is inherent in the president’s Article II powers. Here is the money quote from Knauff v. Shaughnessy, 1950).

    “When Congress prescribes a procedure concerning the admissibility of aliens, it is not dealing alone with a legislative power. It is implementing an inherent executive power.

    “Thus, the decision to admit or to exclude an alien may be lawfully placed with the President, who may, in turn, delegate the carrying out of this function to a responsible executive officer of the sovereign, such as the Attorney General. The action of the executive officer under such authority is final and conclusive. Whatever the rule may be concerning deportation of persons who have gained entry into the United States, it is not within the province of any court, unless expressly authorized by law, to review the determination of the political branch of the Government to exclude a given alien.”

Sadly, so much of this won’t even be entertained in the case before the Fourth Circuit. Nobody has any doubt how the court will rule because it is completely overrun by leftists. But even if the Supreme Court ultimately overturns the lower courts, it will still be on relatively narrow grounds. Our sovereignty is already lost forever. Much like the legal ratchet I warn about in my book, the legal Left will just pick up where they left off next time – already claiming most of national sovereignty for the courts – and expand upon it one case at a time.

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2017-05-27   9:54:34 ET  Reply   Trace   Private Reply  

Trump has some good advisers. And if he continues in this manner he will go down in history as one of the great Presidents. ;)

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2017-05-27   10:45:53 ET  Reply   Trace   Private Reply  

Trump has some good advisers. And if he continues in this manner he will go down in history as one of the great Presidents. ;)

==============================================

Ivana and Jared are NOT in that select few category.

And the deep state wants to take him down or out, whichever is easiest.

U.S. Constitution - Article IV, Section 4: NO BORDERS + NO LAWS = NO COUNTRY

HAPPY2BME-4UM  posted on  2017-05-27   13:29:18 ET  Reply   Trace   Private Reply  

It's hard for Pres. Trump to make America great again and drain the swamp when every federal judge presumes that they are running the show. Where the hell is the Senate? They should be arresting and prosecuting these judges.

X-15  posted on  2017-05-27   14:10:47 ET  Reply   Trace   Private Reply  

Where the hell is the Senate? They should be arresting and prosecuting these judges.

Exactly. The President appoints the judges and the Senate confirms them. The House can also impeach them. And the Senate can try them. ;)

ballotpedia.org/Imp eachment_of_federal_judges

"When bad men combine, the good must associate; else they will fall, one by one." Edmund Burke

BTP Holdings  posted on  2017-05-27   14:21:49 ET  Reply   Trace   Private Reply  

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