Sunday, February 12, 2017

Trump the 9th Circus

First, that the U.S. Constitution vests plenary power in the President of the United States where foreign policy is concerned. Federal law, moreover, defines that power to include immigration. Section 212(f) of the Immigration and Nationality Act of 1952 states:

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.
Therefore, if Donald Trump believes that people from Trinidad and Tobago, or Sri Lanka, or Iceland are bad news for the United States of America, regardless of the quality of his analysis in forming that belief, he is given power under federal law to ban those people from coming to the United States.

And if Donald Trump should draw from a list of countries compiled by his predecessor — it was the Obama administration which made a finding that Libya, Somalia, Sudan, Iraq, Iran, Syria and Yemen cannot or will not facilitate the quality of vetting of immigrants and refugees satisfactory to a proper diminution of risk of terrorism — and issue a proclamation pursuant to that 1952 law suspending entry by people from those countries, then under the law the issue is closed until such time as Trump wishes to reopen it, or Congress wishes to change the 1952 law.

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