A Simple Plan: How President Trump Can Bypass a Rogue and Lawless 9th Circuit Court

By Jim Simpson

President Trump needs to deny the Left a victory over his immigration executive order. The court challenge now being heard by the infamously unconstitutional and extremist 9th Circuit threatens to set a precedent that will codify open borders and leave the president powerless to protect us. Trump can snatch victory from the jaws of defeat and deny the Left their unconscionable and unconstitutional attempted power grab by rescinding this EO and issuing stronger multiple replacements as stand alone orders.

The president cannot lose here. We must protect our borders; keep out the terrorists and rein in out-of-control immigration. It is the signal issue that got him elected. It is also the signal action needed to save this country from the Left’s malevolent intentions. The Left is attempting to subvert our country by simply replacing its population with a more malleable, sympathetic one. Unlike the immigrants of yesteryear, today’s are largely illiterate, welfare-dependent, unwilling to learn our language and definitely hostile to American culture and traditions. And while they are in many cases fleeing conditions created by their countries’ socialist policies, they nonetheless bring socialist ideas with them. As our country has become more “multi-cultural”, it has drifted ever leftward.

This was no mistake.

President Trump can and must rescind this executive order. Despite it’s hesitation, the 9th Circuit is virtually guaranteed to agree with the ruling by District Judge Robert Chambers halting Trump’s immigration ban. As the initial complaint was not justified by immigration law, which provides the president clear authority to do what he did, it would set a horrible precedent in eroding the president’s ability to protect the nation. If it goes to the Supreme Court, it will likely lose. Justice Kennedy will side with the leftists. With an 8 person court, even a 4-4 decision would mean the 9th Circuit ruling holds. Even with Trump’s Supreme Court nominee, Neil Gorsuch, a likely Kennedy defection would mean 5-4 for the Left. And support for Trump’s position is not even certain with Gorsuch.

Rescinding the EO would be a victory, not a defeat. First, it would prevent the Left from getting a major win in court that would alter permanently a president’s ability to control our borders. The lawsuit and likely favorable court ruling defy immigration law. They should not be allowed to get away with it. As abominable as it is, the current state of enforcement is better than what would result. The Left would like to thwart Trump’s agenda with endless lawsuits. Their victory here will encourage much more of the same.

But more importantly, Trump should reissue a score of executive orders that address the same issues as the current one, but make them even more muscular. If the Left is going to play dirty like this, make them pay for it. Give them something they will dislike even more and force them to fight many battles instead of just one. Perhaps that will cool their ardor for obstructionist lawsuits and nationwide, Democrat funded violence that threatens to drag this country into civil war:

1. Replace the 3 month ban on immigration from seven terrorist-producing nations with a 6 month ban on the same seven nations. President Obama issued a six-month ban on refugees from Iraq in 2011. He did so after two Kentucky-based Iraqi refugees were discovered to be former insurgent IED makers. So much for our supposedly infallible vetting process. Despite much-ballyhooed improvements, the current vetting procedure places almost all emphasis on processing refugees as quickly as possible, with few, if any national security safeguards. The seven nations were also first identified by the Obama DHS.

2. Consider expanding the list to all nations of terrorism concern. The State Department keeps a list which formally includes State Sponsors of Terrorism: Syria, Sudan, Iran, and Countries of Particular Concern: Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan. Those countries on the DHS list not identified by the State Department, i.e. Somalia, Libya, Yemen and Iraq, should be added to State’s list.

3. Extend suspension of the refugee admissions program (USRAP) to a full year as requested by numerous members of Congress and cities all over the country begging for relief. (It now only lasts 120 days). President Trump does not need an executive order for this. He can simply send a letter to Congress, informing it of his intentions. Refugee caps for FY 2017 would be reduced to zero.

4. Issue all other components of the current EO as separate, standalone orders. Many of these are not challenged by the court in this EO, but are desperately needed. For example: ending the Obama administration’s insane policy of allowing U.S. entry of foreign nationals who have aided terrorists, focusing on those refugee minorities facing the worst persecution (e.g. the Christians that Obama ignored), enacting uniform screening standards for all immigrants, suspending the visa waiver program, completing the Biometric Entry-Exit Tracking System, visa reciprocity, and data transparency.

Trump needs to rescind this executive order to snatch victory out of the Left’s intolerable hands. He needs to replace it with others that will punish the Left for their vicious, relentless, unconstitutional and often illegal tactics, and force them to fight every single item, piece by piece.

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