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WASHINGTON, DC – President Donald Trump had a good day at the Supreme Court on Wednesday in the “travel ban” case involving immigrants from terror-prone nations, as a majority of the justices seemed to signal their agreement with the president’s lawyers on key points.
Wednesday’s oral arguments were the climax of an epic legal struggle that began during the president’s first week in office, when he signed Executive Order 13769 to enact “extreme vetting” for immigrants entering this country, later replaced by Executive Order 13780. Both of those interim measures were superseded by Presidential Proclamation 9645, banning entry into the United States from seven terror-prone nations, subject to case-by-case waivers from the State Department.
Congress - Law - USC - § - F
Congress, through federal law 8 U.S.C. § 1182(f) empowers the president to “suspend entry” by “proclamation” for “any aliens or class of aliens” he finds would be “detrimental to the interests of the United States.” President Trump’s September 27, 2017, proclamation is such a measure. Liberal-leaning majorities on a couple federal courts blocked the president at every turn.
The Supreme Court is tackling four issues: (1) whether the courts even have authority to decide this matter; (2) whether the proclamation is permitted by the central federal immigration law, the Immigration and National Act (INA); (3) whether the policy violates the Constitution’s Establishment Clause; and (4) whether the trial court’s worldwide injunction in this case is overbroad.
Multi-agency - Review - President - Homeland - Security
“After a worldwide multi-agency review, the president’s acting homeland security secretary recommended that he adopt entry restrictions on countries that failed to provide the minimum baseline information needed to vet their nationals,” U.S. Solicitor General Noel Francisco began at the Supreme Court on behalf of the Trump administration. “The proclamation adopts those recommendations. It omits the vast majority of the world, including the vast majority of the Muslim world, because they met the baseline.”
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