{UAH} Trump on Strong Legal Ground

Kiberu,

I think trump is on strong legal ground:

Section 1182(f), 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"                       
Put aside that Trump is principally relying on his inherent constitutional authority, and that the class restriction he has directed is based on national-security, not religious or racial or ethnic considerations. Trump's executive order also expressly relies on an Obama-era provision of the immigration law, Section 1187(a)(12), which governs the Visa Waiver Program. This statute empowers the executive branch to waive the documentation requirements for certain aliens. In it, Congress itself expressly discriminates based on country of origin. Under this provision, Congress provides that an alien is eligible for the waiver only if he or she has not been present (a) in Iraq or Syria any time after March 1, 2011; (b) in any country whose government is designated by the State Department as "repeatedly provid[ing] support for acts of international terrorism"; or (c) in any country that has been designated by the Department of Homeland Security as a country "of concern."

On Friday, February 3, 2017 at 11:32:57 AM UTC-8, Kiberu wrote:

http://abc7chicago.com/news/chicago-doctor-blocked-from-returning-home-sues-trump/1730646/http%3A%2F%2Fabc7chicago.com%2F1730646%2F

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Chicago doctor blocked from returning home sues Trump

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A Chicago doctor is stranded overseas by the travel ban imposed by President Donald Trump, and now he is taking on the president. (WLS)

An ABC 7 I-Team Investigation

By Chuck Goudie

Tuesday, January 31, 2017 06:26PM

CHICAGO (WLS) --

A Chicago doctor is stranded overseas by the travel ban imposed by President Donald Trump, and now he is taking on the president.

Dr. Amer Al Homssi said he is "collateral damage" in Trump's immigration order, and is stranded in the Middle East where he traveled to get married 10 days ago. When the University of Illinois - Chicago doctor tried to return to the U.S. on Sunday, he said American authorities overseas blocked him from boarding the plane home.

Al Homssi, 24, was at Abu Dhabi International Airport in the United Arab Emirates, heading home to Chicago where he works at Christ Hospital in Oak Lawn as an internal medicine resident through his program at UIC. Al Homssi is a Syrian native who holds a UAE passport and an American J-1 student visa.

On Sunday, when Al Homssi got to the check-in area for U.S. residents and visa-holders, the trouble began. Instead of processing him through for the flight home, Al Homssi said that he was ordered into secondary security screening where he voluntarily turned over his cell phone and other personal belongings. A short time later, U.S. officers informed him he wasn't going anywhere because of Trump's executive order banning immigration from seven Muslim-majority nations, including Syria, where he was born.

"Classic insanity. I mean, it's just so ignorant and stupid. I don't understand it. I'm just embarrassed that my country would do something like that," said Thomas Durkin, Al Homssi's attorney.

Durkin filed a federal lawsuit in Chicago naming top U.S. officials and stating that al Homssi is "collateral damage in President Trump's ill-planned and discriminatory executive order."

The suit states that Al Homssi's "dreadful consequences...are the result of his being a member of the Muslim faith that is now being treated differently in the United States."

READ MORE: Complaint, Al Homssi v Trump 17 CV 801

As a result of the policy, Al Homssi's American visa, his ticket back into the U.S., has a cancellation notice on it that was handwritten by an American Homeland Security agent in Abu Dhabi, preventing him from returning to Chicago.

Al Homssi is supposed to be at work Wednesday at Christ Hospital, and if he loses his medical residency he could actually be returned to Syria. As he waits overseas, on Wednesday morning his attorneys will ask a federal judge for emergency relief in the case.

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Allaah gives the best to those who leave the choice to Him."And if Allah touches you with harm, none can remove it but He, and if He touches you with good, then He is Able to do all things." (6:17)

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