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The media is going wild. President Trump fired Sally Yates, the Obama-appointed acting Attorney General, because she would not enforce Trump’s temporary suspension of immigration from seven Muslim majority counties known to aid, abet, and finance terrorists. The legality of President Trump’s EO is at issue, and if you are listening to any of the TV news analyses, his temporary ban is not legal, it’s not American, etc., even though it was reviewed and approved by the Dept. of Justice Office of Legal Counsel.
Take a minute or two to read through Andrew McCarthy’s legal analysis at National Review. McCarthy was a federal prosecutor for the case against the Blind Sheik and the 1993 World Trade Center bombing. The concluding take-away:
One can debate the policy wisdom of the executive order, which is plainly a temporary measure while a more comprehensive and thoughtfully tailored policy is developed. The seven countries the president has singled out are surely hotbeds of radical Islam; but he has omitted other countries – e.g., Saudi Arabia, home to 15 of the 19 suicide-hijackers who attacked our country on 9/11 – that are also cauldrons of jihadism.
Furthermore, as I have argued, the real threat to be targeted is sharia-supremacist ideology, which is inherently hostile to the Constitution. Were we to focus our vetting, unapologetically, on that ideology (also known as “radical” or “political” Islam), it would be unnecessary to implement a categorical ban on Muslims or immigrants from majority-Muslim countries. That is critical because non-Islamist Muslims who can demonstrate loyalty to our constitutional principles should not be barred from admission; while Islamists, on the other hand, are not found only in Muslim-majority countries – other things being equal, a sharia supremacist from the banlieues of Paris poses as much of a threat as a sharia supremacist from Raqqa.
Yet, all that can be debated as we go forward. For now, there is no doubt that the executive order temporarily banning entry from specified Muslim-majority countries is both well within President Trump’s constitutional authority and consistent with statutory law.
8 U.S. Code § 1182 – Inadmissible aliens (10) Miscellaneous (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.”
desertspeaks
There is only one article in the Constitution that deals with immigration and that is Article 1, Section 8 that empowers the Congress to make laws “To establish an uniform Rule of Naturalization…”. The laws passed by Congress shall then be enforced by the President.
On the other hand, the only prohibition of a religious test in the Constitution has nothing to do with immigration. The prohibition is in Article VI of the Constitution that states: “The Senators and Representatives before mentioned, and the members of the several state Legislatures, and all executive and judicial officers, both of the United States and the several States, shall be bound by Oath of Affirmation, to support this Constitution, but no religious Test shall ever be required as a Qualification to any office or public Trust under the United States.”
In summation, YES IT IS IN FACT LEGAL! CONVERSATION OVER!
Trump’s ban is legal, here is the law:
8 U.S. Code § 1182 – Inadmissible aliens (10) Miscellaneous (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.”
There is only one article in the Constitution that deals with immigration and that is Article 1, Section 8 that empowers the Congress to make laws “To establish an uniform Rule of Naturalization…”. The laws passed by Congress shall then be enforced by the President.
On the other hand, the only prohibition of a religious test in the Constitution has nothing to do with immigration. The prohibition is in Article VI of the Constitution that states: “The Senators and Representatives before mentioned, and the members of the several state Legislatures, and all executive and judicial officers, both of the United States and the several States, shall be bound by Oath of Affirmation, to support this Constitution, but no religious Test shall ever be required as a Qualification to any office or public Trust under the United States.”
In summation, YES IT IS IN FACT LEGAL! CONVERSATION OVER!