Thursday, February 9, 2017 Filed in:
News
On 2/9/17, the 9th Circuit blocks Trump Immigration order. President Donald Trump immigration order that stopped some immigration from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen has been blocked by the 9th Circuit Court. Today a three-judge panel of the 9th Circuit Court of Appeals upheld a lower court ruling that suspended Trump's order. The law is definitely on the President's side. Under Article I, Section 8 of the Constitution, Congress has broad powers to decide who is able to come into the United States. It is also clear that Congress has delegated this power to the President. Therefore, on its face, the law is on the President's side.
President’s has the authority under section 212(f) of the INA which reads as follows:
"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."
The 9th Circuit stated "[The] Government has not offered any evidence or even an explanation of how the national security concerns that justified those designations[.]" As a lawyer, I do not see how the 9th Circuit has the authority to decide what is and what isn't a concern to national security. Decisions like this make the 9th Circuit Court the most overturned appeals court in the nation. Essentially the 9th Circuit Court has handicapped the President's ability to protect the country.
