Posted on 12/08/2015 9:17:22 AM PST by reaganaut1
Donald Trump has again succeeded in setting the terms of political debate, this time by calling for a temporary halt to the admission of all Muslims from abroad, whether as immigrants or as visitors ("nonimmigrants" being the technical term). Everyone's outraged, of course, but this is a topic that needs to be addressed head-on.
First of all, it's important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, "Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned." What's more, while the president doesn't have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of "parole"), he does have the statutory authority to keep anyone out, for any reason he thinks best.
...
[L]arge Muslim populations, continually refreshed by ongoing mass immigration, are a problem. Polling suggests between a quarter and a third are not attached to the principles of the Constitution, supporting things such as sharia law over U.S. law and the use of violence against those who insult Islam. Nor is this merely hypothetical; Muslims account for only about 1 percent of the U.S. population but account for about half of terrorist attacks since 9/11. That means Muslims in the United States are about 5,000 percent more likely to commit terrorist attacks than non-Muslims.
(Excerpt) Read more at nationalreview.com ...
Suspension of entry or imposition of restrictions by President
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
For later
Stopping new ones coming in is one thing. What is Donald going to do about the Muslims already here?
More than anybody else.
Which is a GREAT idea, GITMO will do.
“The idea that the Constitution prevents us from barring entry to this country of those who are committed to our subjugation or annihilation is just plain stupid. Those promulgating this view are at best dangerous ignoramuses.”
They’re much worse.
Just saw this on another thread:
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
https://www.law.cornell.edu/uscode/text/8/1182
Oh, so NOW the Left cares about the Constitution. Where is this concern about the Constitution when it comes to the Second Amendment?
No question, and since those people aren’t citizens in the first place, nobody’s rights are being violated. Refugees don’t have rights under our Constitution, other than the inalienable ones and the ones sorta/kinda recognized under International Law. International Law, of course, is a mess.
It is also appropriate that the President possess this power without overt Congressional oversight. Congress could pass a law if the President abused this power and get it signed into law via the veto process.
As such there is a check on that power.
LOL...National RINO Review obviously fighting hissy fits, over Trump being THE ONLY adult in the room, on this....and MANY other issues we’re facing.
Trump has all the granular analysts that he wants or needs. It is not his responsibility to look and act like a boring wonk. Such categories of persons are a dime-a-dozen around the Beltway.
Trump’s responsibility as a candidate is to convey the message in the simplest most passionate terms that most Americans can latch onto.
Spot on!!
I’m seeing that exact question being posed to lefties, about this, on lib sites all over, today.
The only outrage is among their Saudi paymasters.
I thought it has been determined that we are AT WAR with the Muslims. I know I despise everyone of them, there are no moderates, they are just pending orders.
The ones with the “grown-up” approaches have been doing nothing.
He hasn't called for the criminalization of a global domination slave taking child molesting group called islam!
I'm also outraged he hasn't spoken of deportations of said criminals!
Islam. Is. Not. A. Religion.
Nothing in Washington is more permanent than a temporary solution.
From the article:
First of all, it’s important to underline that Congress can exclude or admit any foreigner it wants, for any reason or no reason. Non-Americans have no constitutional right to travel to the United States and no constitutional due-process rights to challenge exclusion; as the Supreme Court has written multiple times, “Whatever the procedure authorized by Congress is, it is due process as far as an alien denied entry is concerned.”
What’s more, while the president doesn’t have the authority that Obama has claimed, to let in anyone he wants for any reason (under the guise of “parole”), he does have the statutory authority to keep anyone out, for any reason he thinks best. From 8 USC §1182:
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 (emphasis added).
So in considering Trump’s statement, the question is not whether it would be lawful but whether it would be good policy.
Read more at: http://www.nationalreview.com/donald-trump-muslim-immigration
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