Via Breitbart
Posted on 01/29/2017 7:03:38 AM PST by KeyLargo
On Trial: Lawsuits Against Trump On ‘Muslim Immigration Ban’ Will Fail Fast by Robert Barnes | 10:09 am, January 28th, 2017
Council American-Islamic Relations announced an intention to sue President Donald Trump over his executive order banning most immigrants from Syria, and other countries that lack certain vetting standards and have issues with terrorism. Overnight, refugees who were in the air on the way to the United States are now being detained, and have also filed legal actions. The ban is perceived by some as a partial Muslim ban. Either way, at any trial, the law supports Trump’s order, and CAIR or others are likely to lose, completely, conclusively and quickly.
Liberal lawyer critics of Trump are making a habit of losing in their appeal to any branch other than elections — lost recount lawsuits, lost elector lawsuits, lost Russia-conspiracy derived lawsuits. Now, get ready to add lost emolument lawsuits and lost immigration lawsuits.
The Constitution gives Congress and the President exclusive, plenary control over immigration. This is how both Carter and Obama could single out various states or beliefs to exclude migrants on that basis, as both did.
First, the Constitution gives Congress the right to determine naturalization, and Congress gives the President express power to do as he did. Section 1182 of Title 8 directs the President can “by proclamation” suspend entry of “all aliens or any class of aliens” as the President “may deem appropriate” whenever the President merely “finds” any such alien group “would be detrimental” to the interests of the United States.
This extraordinarily broad power finds direct and clear affirmation by the Supreme Court in a sequence of decisions. As the court explained in the Valenzuela-Bernal case:
(Excerpt) Read more at lawnewz.com ...
Robert Barnes is a California -based attorney whose practice focuses on tax defense and First Amendment law. He is a LawNewz contributor.
Obama-Appointed, Schumer-Allied Judge Blocks Trump on Deportations
Lee Stranahan 28 Jan 2017
Obama-appointed Federal Judge Ann Donnelly has blocked deportations of foreign nationals who have been detained at American airports in the last day.
The legal maneuver follows an executive order issued by President Trump Friday calling for temporary visa restrictions on seven countries connected to radical Islamic terrorism.
The suit had been filed by the ACLU on behalf of two Iraqi refugees who were detained at New York’s John F. Kennedy Airport, despite that both men were later released. NBC reports that a Trump administration official said waivers would be granted for the two men.
That didn’t stop Judge Donnelly from granting the stay for others — blocking anyone with a valid visa from being detained and keeping those stranded at airports from being deported. It does not mean they have to be released from detention.
Section 212(f) of the Immigration and Nationality Act of 1952 states: “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 non-immigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
This makes the judge’s stay of Trumps order invalid & ICE is free to stop the terrorists & their sympathizers.
“Schumer, the high-profile Democratic Senator, is a family friend of the judge, Ann Donnelly, according to the Brooklyn Daily Eagle. Schumer had called for the executive order’s reversal.”
Chicago officials declare they plan to defy temporary federal immigration ban
CHICAGO - Chicago Mayor Rahm Emanuel, U.S. Senator Dick Durbin, Congressman Luis Gutierrez and a city alderman announced Saturday “No ban, no wall.”
The officials said they plan to allow refugees from certain Muslim countries into Chicago despite President Donald Trump’s executive order signed into effect Friday.
The order bars all persons from certain terror-prone countries from entering the United States for 90 days and suspends the US Refugee Admissions Program for 120 days until it is reinstated “only for nationals of countries for whom” members of Trump’s Cabinet deem can be properly vetted.
http://www.illinoisreview.typepad.com/
This is all legal and constitutional and it’s just as well to have this fight now than later.
But, knowing the importance of possible SCOTUS involvement down the road on this and other key issues is going to make Trump’s SCOTUS nomination a bloody battle.
The Cabinet appointments are pretty much political theater, but the Supreme Court will be our first real opportunity to see how Team Trump, namely Pence and Priebus - are able to push the legislative agenda through and whip wayward Republicans into shape.
Via Breitbart
MORE HYPOCRISY: Obama Banned all Iraqi Refugees for 6 Months in 2011 – Liberals SAID NOTHING!
Jim Hoft Jan 28th, 2017 1:40 pm
Of course they will fail. The Immigration Act is very clear about what the President can do.
I commented about this event on another thread and it was just pulled. But, I was wondering how, given the judges decisions, the CBP folks at the airports were handling this. Well....
http://nypost.com/2017/01/29/customs-agents-ignore-judge-enforce-trumps-travel-ban-aclu/
This could be a sign of things to come. Thank the Lord Almighty. And, I can pretty much guarantee that the Port Authority cops, NYPD, etc aren’t on the side of the judges, either. Be hysterical if DeBlasio calls them in and they have a mass Blue Flue.
And, apparently, this ban is one that Obama put in place, naming people from 7 countries. The Left, being played once again by Pres Trump.
We don’t want it over fast. We want those American-hating terrorist bastids to spend millions on these lawsuits, only to lose in the end. Trump can override their lapdog judges by fiat, since this can clearly be considered a matter of national security.
The officials said they plan to allow refugees from certain Muslim countries ...”
See where we are now? We’ve
allowed law breaking with respect to our borders for so long that many people in authority think try can do ANYTHING THRY WANT. This will not end well...
I’d consider building a wall around Chicago! LOL!
Here’s a graphic. Sorry can’t post them from phone
Send them this
http://www.freerepublic.com/focus/news/3518759/posts?q=1&;page=225
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