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To: caww

Just damn. They and all the rest have on right to jack sh!t.

We are deliberately being invaded.

Military needs to secure the border, like yesterday.


5 posted on 05/14/2019 10:50:35 AM PDT by Beautiful_Gracious_Skies
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To: Beautiful_Gracious_Skies
Trump is prolonging this until he can use it as an election chip. Meanwhile, millions of invaders are coming in. Consider the following:

http://joshblackman.com/blog/2017/02/05/the-statutory-legality-of-trumps-executive-order-on-immigration/

8 U.S.C. § 1182(f) The government’s statutory case hinges primarily on 8 U.S.C. § 1182(f), which provides:

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.

A few important points about the text. First, the provision affects “the entry of any aliens.” During debates about the executive order, pundits have conflated two issues: the granting of visas and the decision to allow someone to enter the United States. These are distinct questions. Even if an alien arrives at an airport with a valid visa, he may not be permitted entry to the United States. For example, if a person shows up at a border checkpoint, and exhibits symptoms of a communicable disease (Ebola or SARS), the government can detain him, and subject him to an expedited removal process. Even though he is literally on U.S. soil, and has valid papers, until he crosses the check point, he is not actually within the legal boundaries of the United States. Here, judicial process is slim to none.

Second, the provision delegates virtually unfettered discretion for the President to determine what is “detrimental to the interests of the United States.” As a constitutional matter, it isn’t even clear if such a delegation is necessary, as this authority (I would contend) is inherent in the President’s Article II powers. But here it is in the statute. In terms of Justice Jackson’s concurrence in Youngstown, we are squarely in the First Tier, where the Executive’s authority is at its apex.

Third, the provision gives the President wide, wide latitude. His proclamation can last “for such period as he shall deem necessary.” In other words, there is no temporal limitation. This power also includes the authority to “suspend” the “entry” (there’s that phrase entry again), or “impose” any “restrictions” the President deems appropriate. The statute expressly countenances a permanent moratorium on not just a single alien on a case-by-case basis, but for a “class of aliens” from entering the United States if the President deems their entry “detrimental to the interests of the United States.” This power is quite broad.

This understanding has long been embraced by the Executive. In an August 1982 OLC Opinion, Assistant Attorney General Theodore Olson advised the President that the Coast Guard could interdict Haitian Flag Vessels, and deny entry to Haitian nationals under 1182(f). (5 U.S. Op. Off. Legal Counsel 242):

12 posted on 05/14/2019 10:59:34 AM PDT by LouAvul (Freedom without responsibility is chaos. Next step? The Abyss.)
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