Court Rules the President Violated the 1965 Law with Executive Order

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Timshel

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https://www.cato.org/blog/court-rules-president-violated-1965-law-executive-order

by David Dier

Last year, I put forward a statutory argument that President Trump’s proposal to ban immigrants from several majority Muslim countries was illegal because it violated a 1965 law that specifically banned discrimination against immigrants based on race, gender, nationality or place of residence or birth. On the night that the original executive order was released, I wrote an op-ed in the New York Times laying out the case again.


Now, finally, a ruling from a federal district court judge in Maryland addressed the issue, agreed with me in part, and partially stayed the executive order on this basis. This afternoon, the Trump administration appealed the ruling to the Fourth Circuit. The portion of ruling relevant to the statutory argument states:


Plaintiffs argue that by generally barring the entry of citizens of the Designated Countries, the Second Order violates Section 202(a) of the INA, codified at 8 U.S.C. 1152(a) (“1152(a)”), which provides that, with certain exceptions:


No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence.


Section 1152(a) was enacted as part of the Immigration and Nationality Act of 1965, which was adopted expressly to abolish the “national origins system” imposed by the Immigration Act of 1924, which keyed yearly immigration quotas for particular nations to the percentage of foreign-born individuals of that nationality who were living in the continental United States, based on the 1920 census, in order to “maintain, to some degree, the ethnic composition of the American people.” H. Rep. No. 89-745, at 9 (1965). President Johnson sought this reform because the national origins system was at odds with “our basic American tradition” that we “ask not where a person comes from but what are his personal qualities.”


…although the Second Executive Order speaks only of barring entry, it would have the specific effect of halting the issuance of visas to nationals of the Designated Countries. Under the plain language of the statute, the barring of immigrant visas on that basis would run contrary to 1152(a).
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This ruling is a huge win and is the first to directly deal with the statutes at play. In another case in Washington (Ali v. Trump), the plaintiffs made the same arguments to Judge James Robart (who earlier in Washington v. Trump suspended the implementation of the first order). Judge Robart also appeared to agree with the plaintiffs on this point during oral arguments. The plain language of the statute forbids discrimination based on nationality in the issuance of immigrant visas (for people coming to the United States to live permanently).
 
Dick from the Internet said:
https://www.cato.org/blog/court-rules-president-violated-1965-law-executive-order

by David Dier

Last year, I put forward a statutory argument that President Trump’s proposal to ban immigrants from several majority Muslim countries was illegal because it violated a 1965 law that specifically banned discrimination against immigrants based on race, gender, nationality or place of residence or birth. On the night that the original executive order was released, I wrote an op-ed in the New York Times laying out the case again.


Now, finally, a ruling from a federal district court judge in Maryland addressed the issue, agreed with me in part, and partially stayed the executive order on this basis. This afternoon, the Trump administration appealed the ruling to the Fourth Circuit. The portion of ruling relevant to the statutory argument states:




This ruling is a huge win and is the first to directly deal with the statutes at play. In another case in Washington (Ali v. Trump), the plaintiffs made the same arguments to Judge James Robart (who earlier in Washington v. Trump suspended the implementation of the first order). Judge Robart also appeared to agree with the plaintiffs on this point during oral arguments. The plain language of the statute forbids discrimination based on nationality in the issuance of immigrant visas (for people coming to the United States to live permanently).
Click to expand...

More BS. The immigration authority granted to the US President in 8 U.S. code & 1182(f)....makes that provision moot as it pertains to single immigration applications. As soon as this latest SCOTUS appointee is confirmed....Game Over, common sense will rule once again and the left coast stays will be pointed out to be the emotional boondoggles they are....not based upon the rule of law and its application but rather based upon emotional political hate.
 
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