The liberal media won’t show you this
As you know, all hell broke loose on Saturday afternoon as some of Trump’s policies were starting to be implemented at international airports. Admittedly, there were a few mistakes regarding the implementation of the order, as some permanent U.S. residents were being retained.
Apart from that, the ban is doing exactly what it was meant to do.
Now, after a noisy weekend, Conservative Review Columnist Daniel Horowitz has laid out the FACTS and LIES about the order.
Here’s a few snippets from his excellent column:
“There is a lot of confusion swirling around the events that transpired this weekend as a result of Trump’s executive order on immigration. Make no mistake: every word of Trump’s executive order is in accordance with statute.
It’s important not to conflate political arguments with legal arguments, as many liberals and far too many “conservatives” on social media are doing. While the timing and coordination of implementing this order might have been poorly planned, we shouldn’t allow that to undermine the broader need to defend our sovereignty. For courts to violate years’ worth of precedent and steal our sovereignty should concern everyone.
What the order actually does
Among other things, the key provisions at the center of the existing controversy are as follows:
It shuts off the issuance of all new immigrant and non-immigrant visas for 30 days from the following seven volatile countries: Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen. Any non-citizen from those seven countries (not “all” Muslim countries) is excluded from entering the country during this time-period (which usually means they won’t be able to board a direct flight to America). After 90 days, the secretary of state and secretary of homeland security must submit a report to completely revamp the vetting process going forward.
Within 60 days, countries will have to submit any information that the administration determines necessary, pursuant to the findings of this report, in order to adjudicate a visa application and ensure they are properly vetted. Any country that fails to submit this information will not be able to send foreign nationals to our country. All the while, the ban can be extended and expanded at any time.
In addition, the entire refugee resettlement program is suspended for four months pending a complete investigation of the program and a plan to restructure it and prioritize those who are truly in danger of religious persecution. After 120 days, the program may resume, but only for those countries Secretaries Kelly and Tillerson determine do not pose a threat. The program from Syria is completely suspended until the president personally gives the green light.
Statement of principles on the right of a country to exclude non-citizens
Immigrants already here: Those already admitted to this country with the consent of the citizenry have unalienable rights. They cannot be indefinitely detained. However, they can be deported for any reason if they are not citizens. In Fong Yue Ting v. United States (1893), which is still settled law, the court ruled that Congress has the same plenary power to deport aliens for any reason as it does to exclude them and that the statutory procedures and conditions for doing so are due process. Congress has established the process for deportation of those already here. However, as long as a legal permanent resident leaves the country he has no affirmative right to re-enter. Either way, they have absolutely no right to judicial review other than to ensure that statutes are properly followed.
But can Trump prevent those with green cards from re-entering the country?
The statute is clear as day. The Immigration and Nationality Act (§ 212(f)) gives the president plenary power to “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.” Clearly, the president has the authority to block any non-citizen – including refugees, green card holders, and foreign students – from entering the country. Also, for purposes of deportation, there is no difference between a green card holder or a holder of a non-immigrant visa. No foreign national who has not yet obtained citizenship has an affirmative right to re-enter the country.
Is this a ban on Muslim immigration?
No, it’s a moratorium on immigration or re-entries from seven individual countries and a temporary moratorium on refugees from all countries, subject to case-by-case exceptions.
Why didn’t Trump place restrictions on immigration/visas from Saudi Arabia and other Muslim countries?
That’s probably a good idea. But this was actually a judicious and cautious approach from Trump to start with low-hanging fruit. These seven countries are failed states or enemies of the U.S. (in the case of Iran). As such, there is absolutely no way to share data with the host countries and properly vet them. Somalia has been one of the biggest trouble spots. The other countries are marred in Islamic civil wars. Moreover, these are the countries that existing law targets for travel restrictions, and that Obama’s own DHS listed last year.
What’s with the chaos at the airports and the courts?
Henceforth, CBP agents will not allow individual aliens from those seven countries to board a flight to the U.S. So the chaos will end.
The problem arose from the 100 or so individuals that were already in transit when the order took effect. When they arrived at American airports, they were detained at customs. Standing at this point is not tantamount to being on American soil. However, a federal judge in New York issued a stay and prevented the feds from sending two individuals back on a flight. Other judges have prevented officials from even detaining such persons. It’s unclear if federal agents might have made a mistake and released some of these individuals before ordering them to leave the country. Once they are released onto American soil, any effort to remove them is treated as a deportation, not an exclusion, and is subject to the due process afforded them by congressional statutes (not the Constitution).
Thus, it’s unclear if the stay even applied to any element of the order or whether it applied to anomalous circumstances or particular actions taken by federal officials that overstepped the order.
It’s also confusing because many contemporary judges have no respect for our sovereignty and have been gradually chipping away at the plenary power of Congress (or the president, pursuant to statute) to exclude aliens re-entering the country, despite years of settled law. If courts are indeed violating our sovereignty, this is the very grave danger I warned about in Stolen Sovereignty. Either way, it should not affect the ability of the administration to enforce the order against those who want to prospectively board flights to return.”
Does this clear things up for you? Let us know…