02-10-2017, 09:45 AM
8 U.S Code 1182 subsection (f)
Whenever the President finds that the entry of ANY aliens or 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 NON IMMIGRANTS, or impose on the entry of aliens ANY restrictions HE MAY DEEM to be appropriate.
(CAPS for emphasis added)
The court can rule that they feel this statute is unconstitutional and strike down the Presidents proclamation on that ground. That is their prerogative and perfectly fine. That of course is NOT what they did. Instead they chose to totally ignore this statue and to rule on the Presidents proclamation under this statue without even a mention of how that proclamation violates that statue. The ruling is outrageous and smacks of judicial activism and partisanship. The 9th circuit is an embarrassment to the judicial system and the nation.
I don't know what the President will do. I hope he amends the EO to clarify that aliens with Green Cards and aliens with Visas are exempt and add a several other countries to the list....including SA, Egypt and the UAE.
Whenever the President finds that the entry of ANY aliens or 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 NON IMMIGRANTS, or impose on the entry of aliens ANY restrictions HE MAY DEEM to be appropriate.
(CAPS for emphasis added)
The court can rule that they feel this statute is unconstitutional and strike down the Presidents proclamation on that ground. That is their prerogative and perfectly fine. That of course is NOT what they did. Instead they chose to totally ignore this statue and to rule on the Presidents proclamation under this statue without even a mention of how that proclamation violates that statue. The ruling is outrageous and smacks of judicial activism and partisanship. The 9th circuit is an embarrassment to the judicial system and the nation.
I don't know what the President will do. I hope he amends the EO to clarify that aliens with Green Cards and aliens with Visas are exempt and add a several other countries to the list....including SA, Egypt and the UAE.