Trump Immigration Tag

It seems like a million years ago give the fast flow of news cycles, but you may recall that a lone unidentified Judge on the 9th Circuit Court of Appeals called for a vote by the full court as to whether to hear en banc the government's emergency motion for a stay pending appeal. That motion had been denied by a three-judge panel, which refused even to narrow the sweeping District Court injunction against the immigration Executive Order. Since then, Trump has made clear that there will be a new Executive Order issued next week meant to address judicial rulings against the prior Executive Order. Apparently there also were similar representations to the Court in a supplemental brief:

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.

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.

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.

Just before midnight Pacific time on Saturday night, February 4, 2017, a three-judge panel of the 9th Circuit Court of Appeals, in a short-form Order, refused to stay a lower court ruling that had halted Trump's Executive Order on visas and refugees. A copy of the Order is at the bottom of this post. The Order reads:

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.