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Mr. Trump appears to want to reinstate a new type of Asiatic Barred Zone by executive order, but there is just one problem: The Immigration and Nationality Act of 1965 banned all discrimination against immigrants on the basis of national origin, replacing the old prejudicial system and giving each country an equal shot at the quotas. In signing the new law, President Lyndon B. Johnson said that “the harsh injustice” of the national-origins quota system had been “abolished.”
Nonetheless, Mr. Trump asserts that he still has the power to discriminate, pointing to a 1952 law that allows the president the ability to “suspend the entry” of “any class of aliens” that he finds are detrimental to the interest of the United States.
But the president ignores the fact that Congress then restricted this power in 1965, stating plainly that no person could be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” The only exceptions are those provided for by Congress (such as the preference for Cuban asylum seekers).
Trump’s Immigration Ban Is Illegal
.@POTUS can sign whatever executive orders he likes, but the law is the law - we're not bringing back torture
You can say one thing for the new POTUS: he's been busy. Just two full days into his four-year term, President Donald Trump has signed ten executive orders. Some of them — like withdrawing from the TransPacific Partnership free trade agreement negotiated by President Obama — were met with bipartisan support (though there were certainly detractors as well). But most of these executive orders — from fast-tracking the Keystone and Dakota Access pipelines to rolling back Obamacare — have many Americans deeply concerned about the reach of executive power. Unfortunately, while Congress can pass laws to override executive orders, those laws are subject to presidential veto. And even if the Republican-controlled House and Senate somehow decided to defy their party's own president, it's just not all that difficult to imagine Trump exercising his veto power.
There is another way, though. The Supreme Court can declare an executive order to be unconstitutional, which has a rather strong record of precedents. Recent history, for instance, saw the Supreme Court block Obama's executive order to delay deportations of certain undocumented immigrants. Reaching further back, the Supreme Court actually struck down President Lincoln's suspension of habeas corpus, an executive order the president issued during the Civil War. His government ignored the Supreme Court sanction.
But the president ignores the fact that Congress then restricted this power in 1965, stating plainly that no person could be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.”
John McCainVerified account
.@POTUS can sign whatever executive orders he likes, but the law is the law - we're not bringing back torture www....
This is not speculation, it is evidently factual.
The former head of the Department of Homeland Security (DHS) says the U.S. does not have the capabilities to vet Syrian refugees seeking asylum in the country.
“Particularly from certain parts of the world, I’m just not sure that we’ve got the background information — they talk about screening, they talk about being able to review everybody in a timely way, and it may take a year or two,” Tom Ridge told John Catsimatidis on “The Cats Roundtable” on New York’s AM-970 on Sunday.
“I’m just not confident that they’ve got sufficient information from law enforcement, the intelligence community to do effective screening,” he added.
“So, a pause for refugees from that part of the world is very appropriate at this time.”