Posted on 03/24/2017 5:52:09 PM PDT by Rusty0604
The plaintiffs argue that former President Obama’s September 22, 2016 “presidential determination” that he wanted Congress to fund the resettlement of up to 110,000 refugees in the United States in FY 2017 means that Congress must fund the resettlement of 110,000 refugees this fiscal year, and that President Trump has absolutely no say in the matter.
The facts and the law say otherwise.
HIAS wants more money from the federal government in FY 2017, and claims in the complaint that it was promised that money by the Department of State.
HIAS and IRAP fail to acknowledge in their complaint that the “earlier proclamation setting a limit of 110,000” refugees to be resettled in the United States in FY 2017 was not a Constitutionally authorized executive order, or even a “proclamation,” but instead was the statutory “presidential determination” for FY 2017 made by former President Obama on September 22, 2016.
Under the statute, the Refugee Act of 1980, such a “presidential determination” of maximum refugee resettlements must be made prior to the beginning of the next fiscal year (in this case October 1, 2016, the beginning of FY 2017) and merely sets a top limit of refugees authorized but not funded for the coming year. Congress actually sets the funding level for the number of refugees to be resettled when it passes a budget
After President Obama made a “presidential determination” of 110,000 refugees to be resettled in FY 2017, an increase of 29 percent from the FY 2016 level, Congress was unable to agree upon a FY 2017 budget. Instead, in October it passed a ...continuing resolution ...
Beyond April 28, there are currently no funds appropriated to resettle refugees in the United States for the balance of FY 2017. Congress may change that between now and April 28,...
(Excerpt) Read more at breitbart.com ...
Suggest to Ryan/ McConnell, I’m sure they will get right on it. /s
I still hold out hope that Pres. Trump is kicking ass and taking names...let ‘em show themselves now and then hammer them... PRESIDENT GOLDFINGER...It’s the kiss of death...from Mister...Goldfinger.
I think it’s past time these agencies are audited. That is a lot of taxpayer money. I also think if this judge wants to increase refugees they need to be settled in CA, WA, or HI
Nobody should be takng this judge seriously.
These Azzhole judges can “rule” what they want. Trump will find a way to avoid compliance. Guaranteed.
Promise?
This calls for some background music:
Melly Goeslaw - Promise [OST Promise] | Official Video
https://www.youtube.com/watch?v=F5IE-2yVhFs
I wish l had any confidence of the right thing happening here. The Rule of Law means nothing to these hacks and so far l’ve seen no evidence Trump will play hardball with these creeps.
PING!!!
Article and comments
There is much detail in the article about the process of determining the number of refugees admitted and the funding and explains the faulty premise of the plaintiffs.
The article states that the judge is accepting the plaintiffs claim that their interpretation of the process is accurate.
Plaintiffs looking for grants - see post #1
Excerpt:
With this statement, Judge Chuang makes it clear that he accepts the argument made by plaintiffs HIAS (formerly Hebrew Immigrant Aid Society) and the International Refugee Assistance Project (IRAP) about refugee resettlement numbers in FY 2017.
Thanks, Rusty0604
This is taxpayer funded human trafficking.
Impartiality of Federal Judge Who Blocked Trump EO May Be in Question
Title 28, Part I, Chapter 21, Section 455 (a) “Disqualification of justice, judge, or magistrate judge” of the U.S. Code Annotated reads as follows: (28 U.S. Code § 455 )
Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.
The Public Advisory Opinions concerning ethical standards of federal judges offer little further guidance on this particular standard.
As former deputy general counsel at DHS under an administration that pursued policies that are diametrically opposed to those of President Trump, it is not surprising that many legal scholars and political commentators have written articles which, taken as a whole, suggest that the impartiality of Judge Chuang’s March 15 ruling “might reasonably be questioned.”
They also criticized a similar ruling handed down on the same day by another Obama appointee, Federal District Judge Derrick Watson, in Hawaii.
Legal experts question impartiality of Obama Maryland judge ruling against Trump EO
https://refugeeresettlementwatch.wordpress.com/2017/03/22/legal-experts-question-impartiality-of-obama-maryland-judge-ruling-against-trump-eo/
“Impartiality of Federal Judge Who Blocked Trump EO May Be in Question”
Actually it’s not in question these are Obama hacks but it doesn’t seem to matter does it.
The Constitution provides an easy way. The Congress can remove them. Unfortunately, as we've just seen with the Obamacare replacement fiasco, we have a Congress that can't get out of its own way let alone do what's right to rein in the out-of-control judiciary.
In the meantime, I don't know why the Trump administration has not already taken this case all the way to the Supreme Court. I guess they are waiting for Gorsuch to be confirmed, but it's already nearly April and who knows when McConnell will break the senate logjam, if ever.
questuon,
If they are refugees, don’t we have the right to quarantine them? Who knows what viruses they may bring in. If we can quarantine them then they should be?k sent to camps in HI, WA, CA, and various “sanctuary cities”. Just a thought.
They have already brought in and spread diseases.
The judge is exceeding his authority. I hope Trump just ignores this clown.
Have no fear, the judges will return to smoking their happy weed after the next group of Democrat tyrants is installed. If any Democrat laws or regulations are ever appealed the judges will flash a thumbs up and go back to their bongs.
If our side won’t arrest them when they are making themselves partisan emperors, we deserve them, and should just declare this a one party dictatorship once and for all.
Do these idiots have ANY comprehension of what such a precedent would open up for Trump?
It'd be "be careful what you wish for" on super strength steroids.
Whole lot of “judges” should be placed in stocks in the public squares where the locals can throw garbage on em.
Good point.
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