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Trump Immigration Tag

Posted by William A. Jacobson on February 10, 2017 59 Comments
So this is curious. A Judge at the 9th Circuit, whose name is not revealed, has requested a vote be taken whether to conduct en banc (full court) review of the February 9, 2017, Order by a three-judge panel denying Trump's request for a stay of the District Court Temporary Restraining Order. That TRO put a halt to all substantive aspects of Trump's immigration Executive Order, including the temporary halt to visa entry from six failed states known for ISIS and al Qaeda presence, plus state sponsor of terrorism Iran.

Posted by Mark Finkelstein on February 10, 2017 20 Comments
Wait a second: was that Sean Hannity on Fox News? Nope, it was Chris Matthews on MSNBC last night, expressing surprising skepticism over the 9th Circuit's decision to uphold the stay of President Trump's executive order on immigration.Matthews made a multi-pronged attack on the ruling.

Posted by William A. Jacobson on February 10, 2017 68 Comments
The decision of the 9th Circuit Court of Appeals to leave in place a broad Temporary Restraining Order freezing President Trump's Executive Order on visas and refugees presents a serious threat to the constitutional and statutory authority of the presidency. By leaving an overly broad TRO in effect that protects even persons who are abroad with no prior connection to the United States, and by refusing to narrow the TRO, the 9th Circuit effectively extended to such persons U.S. constitutional due process rights both to apply for a visa and in the visa process.[*] Not only that, while not disputing the President's inherent constitutional and explicit statutory authority over foreign affairs, including security procedures as to the admission of aliens, the Court nonetheless designated to itself the judgment as to what constituted a sufficient threat for the President to exercise that authority. The President's reliance on Congressional and Department of Homeland Security analyses as to threat assessment was explicitly rejected by the Court as sufficient basis.

Posted by William A. Jacobson on February 07, 2017 52 Comments
The 9th Circuit Court of Appeals hears oral argument on the government's Emergency Motion for a Stay pending appeal from the District Court Temporary Restraining Order halting Trump’s Immigration Executive Order now is fully briefed. My view on the TRO is here, Absurd Fed Ct TRO halts enforcement of entire Executive Order on visas, refugees. Yesterday the government filed its Reply to the Opposition filed by the State of Washington late Sunday night.

Posted by William A. Jacobson on February 06, 2017 37 Comments
The government's Emergency Motion for a Stay pending appeal from the District Court Temporary Restraining Order halting Trump’s Immigration Executive Order now is fully briefed. My view on the TRO is here, Absurd Fed Ct TRO halts enforcement of entire Executive Order on visas, refugees. The government just filed its Reply to the Opposition filed by the State of Washington late Sunday night. As discussed earlier, the opponents of the EO are attempting to have the judiciary substitute its judgment as to security needs, even though admission of aliens to the U.S. is within the exclusive purview of the President.

Posted by Mark Finkelstein on February 06, 2017 45 Comments
On CNN this morning, David Gregory, speaking of President Trump's tweeting—and specifically, those from this weekend criticizing the judge who blocked his executive order on immigration—said: "he sounds like an old man sitting on his porch yelling at somebody to get off his lawn." Added Gregory: "you've had in the first 18 days, successive weekends where he has completely derailed what his administration is trying to do with a kind of personal indulgence by attacking people personally, launching an attack on the separation of powers. But what it really comes down to is this obsession with himself, and I think that's going to start to wear thin."

Posted by William A. Jacobson on February 06, 2017 25 Comments
Late last night the State of Washington filed its opposition to the government's Emergency Motion for a Stay pending appeal from the District Court Temporary Restraining Order halting Trump's Immigration Executive Order. The government's motion was extremely strong, correctly pegging the court order as an improper usurpation by the District Court Judge of national security decisions reserved to the President. The 9th Circuit denied the stay request Saturday night until the opponents had a chance to submit papers, setting a briefing schedule to have the motion fully submitted by 3 p.m. Pacific time today. I am not going to have time to fully analyze the legal papers filed in opposition, as I have to hit the road for a long drive shortly.

Posted by William A. Jacobson on February 04, 2017 34 Comments
The federal government has filed for an emergency stay [full embed at bottom of post] with the 9th Circuit Court of Appeals seeking to stay a temporary restraining order issued by the District Court for the Western District of Washington (Seattle). For background, see our earlier post, Absurd Fed Ct TRO halts enforcement of entire Executive Order on visas, refugees. In the past day, visa holders from the 7 high risk nations subject to the EO have flooded into the U.S. trying to beat the court clock for an appellate stay.

Posted by Mary Chastain on February 04, 2017 15 Comments
The Department of Homeland Security (DHS) and State Department have announced officials will suspend "any and all actions" over the executive order President Donald Trump signed to halt immigration from seven countries. Trump signed the order so the government could put together a better vetting process to weed out terrorists. From The Hill:
“At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President’s Executive Order, which is lawful and appropriate,” spokesperson Gillian Christensen said in a statement, as first reported by BuzzFeed News.

Posted by William A. Jacobson on February 04, 2017 92 Comments
A federal court in the Western District of Washington in Seattle last night effectively stripped the Trump administration of its power to determine the parameters of who may enter the country. For my prior analysis of how the EO has been mischaracterized by opponents as a "Muslim Ban" and in other ways, see these prior posts: You can read the Motion for a TRO in the Seattle case, the government's Opposition, and the Court Order at the links. The Court Order also is embedded in at the end of this post.

Posted by New Neo on February 01, 2017 47 Comments
In his pre-presidential life, Trump was famous for saying, "You're fired!" to people on his TV reality show. But Trump's firing of acting AG Sally Yates was no reality show. In real life, an AG advises a president on the law, but if that AG refuses to enforce an order that has been "approved as to form and legality by the Department of Justice Office of Legal Counsel," then a likely consequence would be that the AG could be fired. The NY Times reports Yates' motivation this way:
Ms. Yates, like other senior government officials, was caught by surprise by the executive order and agonized over the weekend about how to respond, two Justice Department officials involved in the weekend deliberations said. Ms. Yates considered resigning but she told colleagues she did not want to leave it to her successor to face the same dilemma.
But I would imagine that Ms. Yates understood that her successor would almost certainly face the same dilemma, whether Yates resigned or was fired. And although I grant that Yates and other government officials may indeed have been surprised by the speed of Trump's executive order, if they were surprised by the content of the order then they hadn't been paying much attention to Trump's campaign.

Posted by William A. Jacobson on January 31, 2017 9 Comments
I appeared Monday night, January 30, 2017, on BBC World News hosted by Mike Embley. The topic was Trump's immigration Executive Order. We didn't talk about all the provisions, just the 90 day delay on visa entry from 7 majority Muslim nations. You can find many of my arguments in my prior post, Most claims about Trump’s visa Executive Order are false or misleading.

Posted by Leslie Eastman on January 30, 2017 54 Comments
Acting Attorney General Sally Yates was fired by President Donald Trump after she instructed the Department of Justice not to defend the recently signed executive order issuing a moratorium on immigration from seven countries presenting significant terror threats.
Taking action in an escalating crisis for his 10-day-old administration, Mr. Trump declared that Sally Q. Yates had “betrayed” the administration, the White House said in a statement. The president appointed Dana J. Boente, United States attorney for the Eastern District of Virginia, to serve as acting attorney general until Senator Jeff Sessions of Alabama is confirmed.
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