Refugee Resettlement Watch

Trump immigration Executive Order to go to appeals court in Virginia today

Posted by Ann Corcoran on May 8, 2017

The Trump Administration will defend the so-called “travel ban” in the 4th Circuit Court of Appeals today in Richmond, Virginia. Next week, the 9th Circuit will hear the case that includes the “travel ban” and the refugee moratorium.

Omar Jadwat (ACLU attorney) will argue the case against Trump in Richmond today where the entire 4th Circuit Court of Appeals will be present (in order to put on a good media show?). Photo: https://www.aclu.org/blog/speak-freely/his-name-omar-jadwat-and-hes-aclu-lawyer-arguing-against-muslim-ban-heres-what-he

USA Today cites the extraordinary efforts the 4th Circuit will make as the entire court will hear it:

….Both courts are among the most liberal in the country.

The Richmond hearing will be held in front of the entire 15-member U.S. Court of Appeals for the 4th Circuit, which is extremely unusual. Appeals court cases usually go before three-judge panels; the full court only rarely agrees to hear cases even after a panel rules.

“It’s been more than half a century since the court has done it,” Tumlin [Karen Tumlin, NILC’s legal director] says. “It’s a bit of a legal unicorn. You don’t get this very often.”

Here is what Reuters is saying about the cases which most assume will end up in the Supreme Court, but not until the fall. By the way, one of the main issues the opponents of Trump are hanging their legal hats on is what Trump said while campaigning.  I’m not a lawyer but I can’t see that as anything the Supreme Court would want to turn into a precedent.

Imagine the legal fun later if candidates’ campaign words were used in legal cases against them when they attempted to legislate after they were elected (by the voters!). It would truly mean that courts are ruling America and not elected representatives of the people.

Reuters on Friday:

Legal challenges to President Donald Trump’s temporary travel ban on people from some Muslim-majority countries heat up again next week when two U.S. appeals courts consider whether it is constitutional.

[….]

Omar Jadwat, an attorney at the American Civil Liberties Union, who will be arguing the case at the 4th U.S. Circuit Court of Appeals in Virginia on Monday, said the fact that so much time has passed since the ban was issued is proof that there was no pressing national security need for it in the first place. [Ha!  Not much of a legal argument! We can’t possibly know that yet! Someone admitted in the last few weeks could be an Islamic terrorist who doesn’t act for years!—ed]

[….]

The Department of Homeland Security “is, and will be, continuously examining ways to enhance the screening and vetting process to shut down terrorist and criminal pathways into the United States,” agency spokesman David Lapan said. “Some improvements will be classified, others will be public, but the Department has only just begun ways to enhance the security of our immigration system,” he said in an email.

Opponents – including states and civil rights groups – say that both the first ban and the revised ban, which also put a halt to all refugee admissions to the country for four months, discriminates against Muslims.

[….]

The 4th Circuit will decide the fate of a ruling from a Maryland district judge that struck down a section of the revised executive order barring visitors from Syria, Iran, Libya, Sudan, Yemen and Somalia.

The hearing will take place before 14 full-time judges of the appellate court. Ten of them were appointed by Democrats, and four by Republicans.

Then, on March 15 [Must be May 15, thanks to a reader for catching this!—ed], a three-judge panel at the San Francisco-based 9th U.S. Circuit Court of Appeals will review a decision from a Hawaii judge that halted not just the travel portion of the ban but also the section that barred refugees. The judges – who will sit on a panel in Seattle – have been assigned but their identities have not been made public.

More from Reuters here.

Please see that the refugee portion of the EO is not being considered today in Richmond.  Only the Hawaii judge was aggressive enough to include the refugee moratorium and reduced ceiling in his decision.  The Maryland judge clearly must have recognized that refugee admissions across the board are within the power of the President to regulate according to the Refugee Act of 1980.  Trump should have ignored the rogue Hawaiian judge on refugee admissions, but alas, he didn’t!

See RRW’s right hand side bar where I track numbers admitted in FY2017 every few days.  This is from last Friday:

May 5, 2017: 43,241 admitted (this is 5,135 refugees since the supposed moratorium began and 13,119 since Trump was inaugurated).

Watch the 4th Circuit/ACLU show live today (2:30 Eastern) by going here: https://www.c-span.org/video/?427706-1/fourth-circuit-hears-oral-argument-travel-ban

6 Responses to “Trump immigration Executive Order to go to appeals court in Virginia today”

  1. Native jo said

    Why aren’t we allowed to decide how to protect our future in this country?

    Like

  2. Some pithy commentary on the Federal Obama Court System and their rulings on immigration executive orders…

    Mark Levin explains PATHETIC ruling from the 9th circuit on Trump’s EO

    http://therightscoop.com/listen-mark-levin-explains-pathetic-ruling-from-the-9th-circuit-on-trumps-immigration-eo/

    Like

  3. Have you noticed the Sociopathic lack of human empathy, sympathy, or concern for the victims of these invaders. Not only are there no MSM “human interest” stories about the individual’s traumas, their stories are actually DENIED by MSM, Politicians, and the very Priests that are supposed to comfort and care for “Their Flocks”. Scumbag “priests” betraying their own People, there will be a special place in Hell for them. What sort of aberrations and mutant “Shepherds” WANT to pour vipers and wolves into the midst of their flocks?
    These monsters “GET OFF” on little girls and boys being gang raped and murdered.

    (1) Charity and “good works” are done with YOUR money and time. Taking MY money and giving it to someone else is THEFT. We bring puppies into our house, poisonous vipers and skunks are banned. Do not make the REFUJIHADIS walk all the way here ,,,, You go to the REFUJIHADIS’ homeland on Your dime after all, they will feel more comfortable at home.

    (2) Remember, Democrats are the people who didn’t care when 70,000 factories closed across America, but then rioted in the streets when we denied entry to foreigners from a few terrorist-laden countries.
    (3) You are all concerned about them but you do not give a FIG about how your own neighbors feel. Who made you god, to just invite anybody & everybody into Our house, without asking the OTHER RESIDENTS if it is okay? Go see a psychiatrist.
    (4) They can get a card as an illegal to ensure they get welfare but it’s racist for people to have to get an ID to vote legally. Welcome to upside-down world.

    Liked by 6 people

  4. TwoLaine said

    “Then, on March 15, a three-judge panel at the San Francisco-based 9th U.S. Circuit Court of Appeals will review a decision from a Hawaii judge that halted not just the travel portion of the ban but also the section that barred refugees.”

    Should that be May 15?

    Liked by 1 person

  5. It seems ironic that the fed. govt has passed rules that circumvent the power of the president. Where does it say that any of the new rules circumvent the power of the president where he has direct authority to act? I’d like to see it in writing that THIS rule or THAT rule overturns the president!

    Liked by 5 people

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: