Per US Code Executive Order is Perfectly Legal

Seattle Judge Robart has proven himself to be yet another judicial activist, living out his “social justice warrior” dreams by erroneously granting a TRO (temporary restraining order) in response to the state of Washington’s request, thereby placing a brief hold on President Trump’s lawful executive order on travel from seven hotbeads of terrorism.

President Trump put a temporary 90-day suspension of all citizens from 7 Middle Eastern and African countries from entering the United States. These are countries that the Obama administration identified as breeding grounds of terrorism . The “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” named Iraq, Iran, Sudan, and Syria, while its 2016 update added Libya, Somalia, and Yemen.

Title 8 U.S. Code § 1182 was passed in 1952 by a Democratic-majority House and Senate, and specifically authorizes the President of the United States to bar immigrants from any country, regardless of race or religion, if he believes they represent a threat to the United States.

“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. ”

President Trump’s executive order is within his authority and perfectly legal under the Immigration and Nationality Act of 1952.

A prominent lawyer who disagrees with Trump on policy has written a fair critique on the judges from Boston and Seattle who faced essentially the same case- requests to block Trump’s executive order:

“Just a quick review of the two written orders can tell you which one is likely to win. The Boston judge cited a wide range of precedents for his decision in his detailed written order. The Seattle judge issued a short order devoid of almost any reference to any precedent, which is the “evidence” for lawyers on the law. Add in comments made by the Seattle judge verbally, and if any aspect of that is correct, the Seattle judge’s opinion will lose, and Trump’s position will win.”

Judge Robart of Seattle is wrong, had no legal basis to grant the TRO, and Trump’s executive order will stand in the end.  This case once again demonstrates the need to remove activist judges from any political party who attempt to legislate from the bench rather than actually doing their jobs, which is interpreting the law and not re-writing it.

** Update 02/06/2017 **   The Washington Examiner has published an excellent piece detailing the faults in the Washington case, Robart’s blatant errors, and a review of the DOJ’s brief that destroys any arguement against the Constitutionality or legality of President Trump’s executive order.  Definitely worth the read.

Next Executive Orders?

According to the Washington Post, President Trump will apparently continue his diligent work protecting American taxpayers by signing executive orders that:

  1. Direct immigration officials at CIS to uphold existing US law which prevents the immigration of public charges, by denying likely applicants, and,
  2. Direct ICE to deport immigrants who (within 10 years if relative to financial sponsorship timeframes) become public charges that are dependent on taxpayer-funded welfare benefits contrary to US law, and,
  3. Significantly limit the number of immigrant and temporary work visas issued, again with the focus of minimizing the use of taxpayer-funded benefits by non-citizens.

Current US law:

INA: ACT 212 – GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILLITY

Sec. 212. [8 U.S.C. 1182]

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

4) Public charge.-

(A) In general.-Any alien who, in the opinion of the consular officer at the time of application for a visa, or in the opinion of the Attorney General at the time of application for admission or adjustment of status, is likely at any time to become a public charge is inadmissible.

(An affidavit of support is required for immigrants who claim a family relationship to a US citizen, meaning a citizen must sponsor them, pledging to financially support them if necessary, and reimburse any taxpayer-funded benefits the immigrant may use.  The sponsor is responsible financially for 10 years or until the immigrant leaves the country or becomes a citizen).

Acting AG Pulls an Obama

Whenever Barack Obama came across a law he didn’t like, he simply refused to enforce it, told relevant departments to ignore it, and instructed his yes-man at the DOJ (Holder and then Lynch) not to defend the law when the Social Justice Warriors he tweeted or texted about it brought a lawsuit against the USA.  Thereby the Left could change by Lawfare what Democrats didn’t have a chance in Hell of accomplishing in Congress.

Today, a Barack Obama appointed holdover at the DOJ is utilizing this tactic to undermine the United States government once again.  The Washington Post has some details about the soon-to-be unemployed liberal activist Sally Yates…

“Acting Attorney General Sally Yates has ordered Justice Department lawyers not to defend challenges to President Trump’s immigration order temporarily banning entry into the United States for citizens of seven Muslim-majority countries and refugees from around the world, declaring in a memo Monday she is not convinced the order is lawful.”

She will be replaced in a matter of days by either another acting AG or Jeff Sessions, whose confirmation may come as soon as tomorrow.

Update, 2 hours later: As predicted, she’s been fired, and it happened in just a matter of hours rather than days.  Maybe she can now protest with Lena Dunham, or something equally unproductive yet liberal to the core.

 

Gallup – Nixon More Popular Than Obama

No matter how many complimentary stories and remarks the press made about Obama, no matter how many unearned awards he was presented (or decided to give himself), Americans weren’t impressed.  They just weren’t that into him.

Per Gallup, Barack Hussein Obama had a lower average approval than Richard Nixon!  And this has to hurt…  even George W. Bush had a higher approval than Barack.

In fact, only three presidents scored lower than Obama.

 

The lapdog media loved Obama and tried to convince the world that the public did, too. It didn’t work.

Liberals Display “Tolerance” with Violence & Destruction

Liberal “progressives” displayed their oft-boasted about tolerance for all yesterday in Washington, D.C. by

  • blocking traffic,
  • hurling smoke bombs,
  • destroying private property,
  • smashing Starbucks windows,
  • attacking inauguration ticket-holders,
  • setting trashcan fires,
  • burning an unknown victim’s limosine,
  • and even smashing up Maury Povich’s car.

Police arrested over 200.

It was just liberals being liberals…