Ninth Circuit Rules in Favor of Trump Immigration Restrictions

POLITICS & POLICY

In a noteworthy opinion on New Year’s Eve in Doe # 1 v. Trump, a divided panel of the Ninth Circuit ruled that President Trump had the statutory authority to issue a proclamation restricting entry of immigrant visa applicants on the ground that they would burden the American health care system. The panel therefore reversed the district court’s preliminary injunction that had blocked the federal government from implementing the proclamation. (Under the proclamation, the restrictions were to take effect on November 3, 2019. The district judge first issued a temporary restraining order against the proclamation on November 2, 2019, and later that month issued a worldwide injunction.)

Judge Daniel Collins, joined by Judge Jay Bybee, wrote the majority opinion. (Disclosure: I regard both judges as friends of mine.) Judge Wallace Tashima dissented.

The majority opinion straightforwardly applies the framework of the Supreme Court’s 2018 opinion in Trump v. Hawaii to conclude that the proclamation was “well within” the president’s statutory authority. (Pp. 20-26.) It also disposes of various arguments that the proclamation conflicts with other provisions of law. (Pp. 27-35.)

Articles You May Like

New Dutch Government Tries to Save the Country. But Is It Too Late?
MSNBC’s Jen Psaki, Having Not Yet Apologized For Smearing Families of the Kabul 13, Now Smears Alabama
ICE arrests man wanted by El Salvador: ‘Noncitizens … engaged in or suspected of supporting terrorism are a direct threat’
Wife and Daughter of Chiefs Owner Defends Harrison Butker After Commencement Speech Sends Leftists Into Utter Meltdown
Biden Campaign Chickens Out on More Debates

Leave a Comment - No Links Allowed:

Your email address will not be published. Required fields are marked *