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With a court battle underway over President Donald Trump's temporary ban on refugees and immigrants from 7 Muslim-majority nations in the Middle-East and North Africa, many have begun to question whether or not the president has the legal authority to issue such a ban. Fortunately, one need look no further than Trump's predecessors to find precedent for this executive action.
According to a new Congressional Research Service report entitled Executive Authority to Exclude Aliens, the last 5 presidents have used executive authority to limit or restrict the entry of immigrants and non-immigrants into the U.S. a total of 43 times.
Ironically, it appears that President Barack Obama used this authority more frequently than any of his predecessors, exercising it a total of 19 times during his two terms in office.
Here's the breakdown of how many times each of the past five presidents issued such orders:
Ronald Reagan - Five times
George H. W Bush - One time
Bill Clinton - 12 times
George W. Bush - Six times
Barack Obama - 19 times
originally posted by: Phage
You didn't happen to notice that those restrictions applied to specific conditions, did you? No, of course you didn't.
For example:
Executive Order 13726
Suspending the entry into the United States, as immigrants or nonimmigrants, of aliens who are determined to have “contributed to the situation in Libya” in specified ways
Executive Order 13722
Suspending the entry into the United States, as immigrants or nonimmigrants, of aliens who are determined to have engaged in certain transactions involving North Korea
strongvisa.com...
Just like Trump. Right?
originally posted by: eluryh22
originally posted by: Phage
You didn't happen to notice that those restrictions applied to specific conditions, did you? No, of course you didn't.
For example:
Executive Order 13726
Suspending the entry into the United States, as immigrants or nonimmigrants, of aliens who are determined to have “contributed to the situation in Libya” in specified ways
Executive Order 13722
Suspending the entry into the United States, as immigrants or nonimmigrants, of aliens who are determined to have engaged in certain transactions involving North Korea
strongvisa.com...
Just like Trump. Right?
Just curious, of people can't be vetted because they are coming from destabilized areas, how could you know who engaged in what exactly?
That's not really the topic.
Just curious, of people can't be vetted because they are coming from destabilized areas, how could you know who engaged in what exactly?
Federal immigration law determines whether a person is an alien, the rights, duties, and obligations associated with being an alien in the United States, and how aliens gain residence or citizenship within the United States. It also provides the means by which certain aliens can become legally naturalized citizens with full rights of citizenship. Immigration law serves as a gatekeeper for the nation's border, determining who may enter, how long they may stay, and when they must leave.
Congress has complete authority over immigration. Presidential power does not extend beyond refugee policy. Except for questions regarding aliens' constitutional rights, the courts have generally found the immigration issue as nonjusticiable.
Justiciability
Justiciability refers to the types of matters that the federal courts can adjudicate. If a case is "nonjusticiable." a federal court cannot hear it. To be justiciable, the court must not be offering an advisory opinion, the plaintiff must have standing, and the issues must be ripe but neither moot nor violative of the political question doctrine.
Actually, it won't help Trump's case at all since they all were applied very narrowly and specifically to certain actions. Trump just said "everybody" (except "minority religions", of course).
That's exactly why Donald Trump's travel ban will be reinstated.
States have limited legislative authority regarding immigration, and 28 U.S.C. § 1251 details the full extent of state jurisdiction. Generally, 28 U.S.C. § 994 details the federal sentencing guidelines for illegal entry into the country.
28 U.S. Code § 1251 - Original jurisdiction
Current through Pub. L. 114-38. (See Public Laws for the current Congress.)
US Code
(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.
(b) The Supreme Court shall have original but not exclusive jurisdiction of:
(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;
(2) All controversies between the United States and a State;
(3) All actions or proceedings by a State against the citizens of another State or against aliens.
(June 25, 1948, ch. 646, 62 Stat. 927; Pub. L. 95–393, § 8(b), Sept. 30, 1978, 92 Stat. 810.)
originally posted by: Phage
a reply to: carewemust
Actually, it won't help Trump's case at all since they all were applied very narrowly and specifically to certain actions. Trump just said "everybody".
That's exactly why Donald Trump's travel ban will be reinstated.
You would have known that if you had read the actual information instead of relying on Hannity.