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Monday, January 30, 2017

Temporary ban on immigration: Is It Legal?

image credit: wisegeek
The media is going wild. President Trump fired Sally Yates, the Obama-appointed acting Attorney General, because she would not enforce Trump’s temporary suspension of immigration from seven Muslim majority counties known to aid, abet, and finance terrorists. The legality of President Trump’s EO is at issue, and if you are listening to any of the TV news analyses, his temporary ban is not legal, it’s not American, etc., even though it was reviewed and approved by the Dept. of Justice Office of Legal Counsel. 

Take a minute or two to read through Andrew McCarthy’s legal analysis at National Review. McCarthy was a federal prosecutor for the case against the Blind Sheik and the 1993 World Trade Center bombing. The concluding take-away:

One can debate the policy wisdom of the executive order, which is plainly a temporary measure while a more comprehensive and thoughtfully tailored policy is developed. The seven countries the president has singled out are surely hotbeds of radical Islam; but he has omitted other countries – e.g., Saudi Arabia, home to 15 of the 19 suicide-hijackers who attacked our country on 9/11 – that are also cauldrons of jihadism.

Furthermore, as I have argued, the real threat to be targeted is sharia-supremacist ideology, which is inherently hostile to the Constitution. Were we to focus our vetting, unapologetically, on that ideology (also known as “radical” or “political” Islam), it would be unnecessary to implement a categorical ban on Muslims or immigrants from majority-Muslim countries. That is critical because non-Islamist Muslims who can demonstrate loyalty to our constitutional principles should not be barred from admission; while Islamists, on the other hand, are not found only in Muslim-majority countries – other things being equal, a sharia supremacist from the banlieues of Paris poses as much of a threat as a sharia supremacist from Raqqa.

Yet, all that can be debated as we go forward. For now, there is no doubt that the executive order temporarily banning entry from specified Muslim-majority countries is both well within President Trump’s constitutional authority and consistent with statutory law.
But read the whole thing here.

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