Skip to comments.Weekly Immigration Report: Virginia Passes Bills to Increase Security, but McAuliffe Promises Vetos
Posted on 02/16/2017 9:07:09 AM PST by RightSideNews
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A three judge panel from the Ninth Circuit Court of Appeals refused to lift District Judge James Robarts temporary restraining order (TRO) that blocks the Trump administration from implementing its temporary travel freeze. (See FAIR Legislative Update, Feb. 7, 2017) In a unanimous per curiam order, the appeals court denied the Justice Departments (DOJ) request to reinstate the 90-day freeze on entry of individuals from countries that are hotbeds for terrorism and the 120-day freeze on refugee resettlement. (State of Washington v. Trump, Feb. 9, 2017 at 3) The three judges to rule against the Trump administration were William Canby (Carter appointee), Richard Clifton (George W. Bush appointee), and Michelle Friedland (Obama appointee).
In another blatant example of judicial activism, the Ninth Circuit essentially created new law to rule against the executive order. First, the court found that the states of Washington and Minnesota have standing (a requirement to bring a lawsuit) on the extraordinary basis that the state universities are harmed by the claim that some students and professors might be unable to attend the universities during the travel freeze. (Id. at 8-13) Ironically, buried in the middle of the 29-page decision the appeals court says, Within our system, it is the role of the judiciary to interpret the law as it then proceeds to legislate from the bench. (Id. at 14)
Outrageously, the judges determined that all non-citizens, including those who have no connection to the country, are entitled to constitutional protections. The procedural protections provided by the Fifth Amendments Due Process Clause are not limited to citizens. Rather, they apply to all persons within the United States, including aliens, regardless of whether their presence here is lawful, unlawful, temporary, or permanent, the court wrote while citing cases that involved people already in the country. (Id. at 20-21)(internal quotations omitted) The Government has not shown that the Executive Order provides what due process requires, such as notice and a hearing prior to restricting an individuals ability to travel, the court wrote. (Id. at 19) The courts reasoning is flawed for many reasons. While all persons within the U.S., including illegal aliens, are entitled to varying levels of due process based on their status, the executive order is merely canceling visas and excluding people before they enter. Thus, the Fifth Amendments Due Process Clause does not apply. Significantly, the courts claim that illegal aliens have an unfettered right to travel is contrary to established law. For example, in a 2001 case a federal court ruled, It would be curious indeed if the law gave illegal aliens a fundamental right to travel about this country when their mere presence here is a violation of federal law. (John Doe No. 1 v. Georgia Dept of Pub. Safety, 147 F.Supp.2d 1369, 1373 (N.D. Ga. 2001))
Continuing its biased attack against the Trump administration, the Ninth Circuit essentially said the White House was lying that the executive order does not apply to LPRs. Shortly after the executive order was issued on January 27, the White House clarified that green card holders were not subject to the travel freeze. (See FAIR Legislative Update, Jan. 31, 2017) Despite this clear statement, the court wrote, At this point, however, we cannot rely upon the Governments contention that the Executive Order no longer applies to lawful permanent residents. (State of Washington v. Trump, Feb. 9, 2017 at 21) Nor has the Government established that the White House counsels interpretation of the Executive Order is binding on all executive branch officials responsible for enforcing the Executive Order, the judges continued. (Id. at 22) Moreover, in light of the Governments shifting interpretations of the Executive Order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings. (Id.)(emphasis added)
Similar to Judge Robarts ruling (which contained no legal analysis), the Ninth Circuit fails to even mention the relevant statute that clearly authorizes the travel freeze. Section 212(f) of the Immigration and Nationality Act (INA) states, 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. (INA § 212(f); 8 U.S.C. § 1182(f)) Unsurprisingly, the Ninth Circuit is the most overturned appellate court. For example, in 2012 the Supreme Court reversed 86 percent of the rulings it review from the Ninth Circuit. (See Fox News, Feb. 9, 2017)
President Trump and key Republican lawmakers blasted the Ninth Circuits politically motivated opinion. SEE YOU IN COURT, THE SECURITY OF OUR NATION IS AT STAKE!, Trump tweeted shortly after the ruling was announced. (President Trump's Twitter) Remarkably, in the entire opinion, the panel did not bother even to cite this (the) statute. A disgraceful decision!, Trump added Friday morning in reference to the courts failure to mention INA Section 212(f). (Id.) Senator Tom Cotton (R-AK) declared, President Trumps order to temporarily pause the refugee program and travel from seven war-torn countries is plainly legal under the Constitution and our immigration laws. No foreigner has a constitutional right to enter the United States and courts ought not second-guess sensitive national-security decisions of the president. (Cotton Press Release, Feb. 9, 2017) Congressman Trey Gowdy (R-SC), a former federal prosecutor, added, No one familiar with the 9th Circuit Court of Appeals should be surprised at todays ruling. The 9th Circuit has a well-earned reputation for being presumptively reversible. (Gowdy Press Release, Feb. 9, 2017) It seems clear to most of us not on the 9th Circuit Court of Appeals there is no right to come to this country for non-citizens of the United States. (Id.)
Legal scholars agreed. Appearing on MSNBCs Hardball, Harvard Law Professor Emeritus Alan Dershowitzof O.J. Simpson murder trial famesaid, Look, this is not a solid decision. This is a decision that looks like its based more on policy than on constitutionality. There are many, many flaws. (See Breitbart News, Feb. 9, 2017) Similarly, CNN Legal Analyst Paul Callan said on AC360 that what has surprised all the lawyers who have looked at this decision is that what the court said here is that the state of Washington, because it brings students into its universities, it brings customers into its restaurants, is the representative of virtually anybody across the world whos not an American citizen . Why would they have standing to appear in our federal court, and argue that the U.S. Constitution protects their rights? I think the court overreached. (See Breitbart News, Feb. 9, 2017)
It is unclear how the Trump administration will respond. Generally, the administration has three procedural options: appeal to the Supreme Court; request an en banc hearing before the entire Ninth Circuit; or return to Judge Robarts court to litigate the merits of the executive orders legality. The DOJ said it is reviewing the decision and considering its options. (Law360, Feb. 9, 2017) During a Friday press conference with Japans prime minister, President Trump said We are going to keep our country safe and will be doing something very rapidly having to do with additional security for our country. (The Hill, Feb. 10, 2017) Citing unidentified sources, MSNBCs Joe Scarborough claimed the White House is drafting a new executive order with more specific language.
In the meantime, national security continues to be at risk as individuals we cannot properly vet are admitted into the country while the travel freeze remains blocked. In fact, 77 percent of the 1,100 refugees resettled in the U.S. since Judge Robarts ruling are from the seven countries named as hotbeds for terrorism. (Washington Times, Feb. 9, 2017)
Last Thursday, true immigration reformer Sen. Jeff Sessions (R-AL) was sworn in as the 84th Attorney General of the United States. (Washington Times, Feb. 8, 2017) Sessions, who served as a U.S. Attorney and Alabama Attorney General prior to his election to the U.S. Senate in 1996, reaffirmed his commitment to immigration policies that serve the national interest and are rooted in the rule of law. (Id.) We need a lawful system of immigration that serves the interests of the people of the United States, Sessions declared at his swearing-in ceremony. (Id.) Thats not wrong, thats not immoral, thats not indecent. The new attorney general also noted that the U.S. admits more than a million lawful immigrants a year but illegal immigration was damaging the country. (Id.) We need to end this lawlessness that threatens the public safety and pulls down wages of working Americans, Sessions said. (Id.)
The swearing-in capped a bitter confirmation battle that crested with a procedural rebuke of Sen. Elizabeth Warren (D-MA) for impugning the character of a colleague on the Senate floor. (New York Times, Feb. 8, 2017) Since President Donald Trump nominated Sessions to head the Justice Department in late November, Senate Democrats and open borders advocates accused him of being a racist and repeatedly distorted his record. (Id.) A committee hearing on his nomination included baseless indictments from lawmakers like Rep. John Lewis (D-GA) and Sen. Cory Booker (D-NJ), who broke with Senate tradition to testify against a peer. (Id.; see FAIR Legislative Update, Jan. 17, 2017) Despite the hostile opposition, Sessions was confirmed as the nations top law enforcement official late Wednesday in a near party-line vote, 52-47. (Roll Call Vote #55) Senator Joe Manchin (D-WV) was the only Democrat to break ranks in support of Sessions. (Id.)
One of the first tasks facing the Sessions-led Justice Department will be taking over ongoing litigation regarding President Trumps executive orders. Sessions is also expected to begin taking action against the 300 sanctuary jurisdictions around the nation that have adopted policies that impede federal immigration enforcement and protect criminal aliens. These policies have been directly responsible for crimes committed against innocent citizens, whom our laws are meant to protect. The new attorney general will also have the ability to help the nations beleaguered immigration courts which are buckling under historic backlogs caused largely by the Obama administrations catch and release policies. Today, nearly 500,000 cases are waiting to be heard, and many of those released will never show up for their hearings.
FAIR President Dan Stein congratulated Sessions in a statement shortly after his confirmation vote. (FAIR Press Release, Feb. 8, 2017) Sessions is unparalleled in his knowledge of the proper role of the Department of Justice, the legislative process, and the rule of law, all of which will be critical in restoring much-needed accountability and responsibility to the nations immigration policies, Stein said. (Id.)
Last week, Sens. Tom Cotton (R-AR) and David Perdue (R-GA) introduced historic legislation to revamp our immigration system by almost halving the total number of legal immigrants admitted per year within the next decade. The Reforming American Immigration for Strong Employment Act (RAISE Act) takes a crucial first step to move the immigrant selection process to a more merit-based system by ending the current practice of distributing most green cards (Legal Permanent Resident (LPR) status) based on a family relationship rather than on the basis of skills. In a press conference introducing the bill, Sen. Cotton alluded to President Trumps victory serving as a clear signal that Americans want lawmakers to fix the countrys immigration system saying, the single issue which he campaigned on above all others and set himself apart was immigration and refocusing our immigration system on working Americans. (FoxNews, Feb. 8, 2017)
The RAISE Act overhauls the family-based legal immigration system by ending chain migration and limiting family-based green card eligibility to the spouses and minor children (under 21) of U.S. citizens and LPRs. First, the bill amends Immigration and Nationality Act (INA) Section 201 (b)(2)(A) so that only spouses and minor children of U.S. citizens are considered immediate relatives who are exempt from the green card cap. (See FAIR Bill Summary, Feb. 2017) Then, the RAISE Act revises INA Section 201(c) to lower the family-based green card cap to 88,000 per year which can only go to the spouses and minor children of LPRs. (Id.) This overhaul eliminates the following categories of chain migration: (1) parents of U.S. citizens; (2) adult siblings of U.S. citizens; (3) unmarried adult children of U.S. citizens; (4) married adult children of U.S. citizens; and (5) unmarried adult children of LPRs. (Id.)
While parents of U.S. citizens are no longer eligible to receive green cards, the RAISE Act does create a new nonimmigrant visa for them so that they can legally live in the country to receive care from their citizen-children. (Id.) This new W visa, which is valid for renewable 5-year periods, prohibits the parents from working in the U.S. and makes them ineligible for federal, state, and local benefits. (Id.) It also requires the U.S. citizen child-sponsor to be responsible to financially support the W visa parents and provide them with health insurance at no cost to the W nonimmigrants. (Id.)
The RAISE Act further brings our immigration system in line with a more merit-based system by eliminating the visa lottery. (Id.; see INA Section 203(c)/Section 201(e)) Under the visa lottery, 55,000 green cards are randomly issued annually regardless of the individuals skills and ability to succeed. By eliminating the visa lottery, the RAISE Act recognizes how senseless this practice is.
Finally, the RAISE Act limits the Executive Branchs power on refugee resettlement. First, it revokes the presidents unilateral authority to annually admit as many refugees as he determines and establishes an annual cap of 50,000 refugee admissions. (See FAIR Bill Summary, Feb. 2017) The bill also rescinds the presidents emergency designation power that allows him to exceed the refugee cap for emergency refugee situations. (Id.)
If enacted, the RAISE Act would significantly reduce the levels of legal immigration. For over a quarter century, the United States has accepted an average of 1 million immigrants annually. According to Harvard and Princeton professors, the RAISE Act will cut legal immigration 40 percent to approximately 638,000 in the first year and to just below 540,000, a 50 percent cut from current levels, in ten years.. (See Senator Cotton Press Release, Feb. 7, 2017) This level of legal immigration is consistent with the recommendations of the bipartisan Jordan Commission from the 1990s that was endorsed by then-President Bill Clinton. (FAIR's Jordan Commission Summary)
Praising the bill, FAIRs President Dan Stein said, The RAISE Act takes the first crucial steps to reform this antiquated selection process, reduce extended family chain migration, while insuring that nuclear families are kept in-tact. The bill would move the nation toward a healthier skills- and merit-based immigrant selection process. It also recognizes that our current mass immigration policies are out of sync with the needs and realities of the nation, and returns immigration flows to a more traditional level. (FAIR Press Relea
Terry McCauliffe, enemy islamist facilitator.
Virginia | Governor McAuliffe has promised to veto bills that will protect Virginia citizen’s lives and jobs.
Your governor has decided that illegal aliens have more rights than the native born citizens of Virginia.
Your governor has decided that the state of Virginia no longer owes its allegiance to the United States, and instead owes its allegiance to mexico, and el presidente nieto.
Not wishing harm to US citizens but the state should be hit with a dozen such lawsuits. Very large lawsuits.
Clinton Bag Man.
McAwful said that just before this was announced:
“10 charged in connection with killing of 15-year-old Md. girl”
“5 charged with murder in death of Md. teen”
Those are related stories. Six of the ten are “Dreamers”, and all of them are gangbangers.
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