Trump Issues New Order Limiting Foreign Entry - Granite Grok

Trump Issues New Order Limiting Foreign Entry

smirking-trumpThe new Presidential Executive Order (EO) on limiting entry from a handful of countries to the U.S. is loaded with tips for folks looking to shut it down before it gets implemented. Things we’ve previously pointed out in these pages.

The EO quotes the Constitution and lesser laws on who has the power to limit entry into the U.S. and on what terms.

“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.” 

This is useful for lawyers and those who play them at axe-grinding left wing NGO’s or on television or is that a distinction without a difference?

As it turns out, American Presidents are free to limit or prohibit access to foreigners deemed to have interests detrimental to the United States whenever they want, for as long as they want, all parts being at the Presidents discretion. And Mr. Trump did use discretion with his discretion.

In light of the Ninth Circuit’s observation that the political branches are better suited to determine the appropriate scope of any suspensions than are the courts, and in order to avoid spending additional time pursuing litigation, I am revoking Executive Order 13769 and replacing it with this order, which expressly excludes from the suspensions categories of aliens that have prompted judicial concerns and which clarifies or refines the approach to certain other issues or categories of affected aliens.

Other winners were Iraq.

“…the close cooperative relationship between the United States and the democratically elected Iraqi government, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq’s commitment to combat ISIS justify different treatment for Iraq.”

And Green Card holders are exempt.

So what’s left? It’s a very long read but here are a few more points.

Six countries are still on the list based on evaluations by Obama Era intelligence.

(f)  In light of the conditions in these six countries, until the assessment of current screening and vetting procedures required by section 2 of this order is completed, the risk of erroneously permitting entry of a national of one of these countries who intends to commit terrorist acts or otherwise harm the national security of the United States is unacceptably high.  Accordingly, while that assessment is ongoing, I am imposing a temporary pause on the entry of nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, subject to categorical exceptions and case-by-case waivers, as described in section 3 of this order.

No refugees from anywhere will be allowed in for four months unless they already have travel reservations arranged by the US Government.

This period is meant to get more enhanced vetting implemented at both ends, and there are some details about that.

Foreign governments who do not work with the U.S. on improving enhanced vetting on their end will remain locked out until DHS clears them.

The new plan will be phased in over a ten day period to give everyone time to prepare; I assume that includes the terrorists.

 

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