{UAH} ANOTHER NEWS THAT DR KAYONDO'S NEWS NET WORK MISSED TODAY

Federal Judge UPHOLDS Travel Freeze

By: Robert Law

A federal judge in Virginia has refused to block the revised national security executive order, delivering an important win to the Trump administration. On Friday, Judge Anthony Trenga, from the Eastern District of Virginia, rejected a challenge to the travel freeze brought by Palestinian activist Linda Sarsour, who is represented by attorneys from the Council on American-Islamic Relations (CAIR). Unlike the previous challenges in Washington state, Hawaii, and Maryland, Judge Trenga properly applied the law—rather than making policy from the bench—and denied Ms. Sarsour’s motion for a temporary restraining order (TRO) against the travel freeze from countries that are hotbed for terrorism and the temporary freeze on all refugee admissions. (Sarsour v. Trump; see FAIR Legislative Update, Mar. 21, 2017) Although Trump’s Justice Department has not yet appealed the Hawaii ruling (which blocked both the travel freeze and the refugee freeze), it has appealed the Maryland ruling (only the travel freeze) and the Fourth Circuit Court of Appeals will hear arguments on May 8. (See Washington Examiner, Mar. 23, 2017)

In a 32 page opinion, Judge Trenga demonstrated the proper role of the judiciary while ruling that the plaintiffs are not likely to succeed on the merits of their statutory or Constitutional claims. The court correctly found that President Trump has the authority under the Immigration and Nationality Act (INA) to issue the executive order under Section 1182(f), rejecting the claim that Section 1152 prohibits the president from denying entry to a particular nationality. “The Court also has substantial doubts that Section 1152 can be reasonably read to impose any restrictions on the President’s exercise of his authority under Sections 1182(f) or 1185(a). Under those sections, the President has unqualified authority to bar physical entry to the United States at the border,” the judge wrote. (Sarsour v. Trump) “There is nothing in the legislative scheme to suggest that Congress intended Section 1152 to restrict the exercise of the President’s unqualified authority under Section 1182(f) with respect to a completely distinct aspect of the immigration process.” (Id.) Using similar (proper) legal reasoning, Judge Trenga rejected the Establishment Clause and Equal Protection claims. (Id.)

Although the travel freeze is still blocked by the TROs imposed by the judges in Hawaii and Maryland, this favorable ruling has created a split in the courts making it highly likely the Supreme Court will hear the case at some point. The Trump administration praised the victory, with a Justice Department spokeswoman saying they are “pleased with the ruling.” (The Hill, Mar. 24, 2017) “As the Court correctly explains, the President’s Executive Order falls well within his authority to safeguard the nation’s security,” Sarah Isgur Flores said. (Id.)

Stay tuned to FAIR and IRLI as details emerge…

 

 

EM

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