UPDATED @ 10 PM CST: I told you so. The able US District Court judges — in Brooklyn (Donnelly) and Virginia (Brinkema) — stayed, and TRO’ed, the executive order, respectively this evening. Expect a WHOLE LOT more of this, in the coming weeks — on all his orders.
Here’s the Brooklyn version of the order — just entered:
ORDER: As stated on the record at the January 28, 2017 hearing, the government’s submission in connection with the petitioner’s requested injunctive relief is due by February 10, 2017; petitioner’s opposition by February 13, 2017; government’s reply by February 21, 2017. Ordered by Judge Ann M Donnelly on 1/28/2017. . . .
[End, updated portion.]
The Alt-Right ditto-heads are openly admitting that this executive order is… largely incomprehensible.
But they are cheering it, just the same.
It is also… clearly beyond Mr. Trump’s enumerated Constitutional powers. The President may not simply repeal, by executive order, protections granted by law through prior Congressional action. That is bedrock black letter law, established over 150-plus years.
His latest order was supposedly mostly authored by Mr. Bannon — and it is a drafting mess. Scant surprise, there.
But it is clear that the intent of it is to ban (or “extremely vet“) people from certain countries — in short, based on nation of origin.
The Hart-Celler amendments (of 1965) to the federal Immigration and Nationality Act specifically outlaw that whole idea.
The ACLU has already sued, in two federal courts in Brooklyn, and Virginia. Soon these District Court judges will enjoin its operation. UPDATE: DONE!
A President acting alone cannot undo what the Congress has affirmatively done, in this arena.
In 1965, Congress passed — and President Johnson signed (in shadow of the Statue of Liberty) — an important change in law (one Mr. Bannon seems unable to grasp). [It outlawed the former quotas by country practice, under a 1952 immigration amendment, based on a 1921 Act.] The 1965 amendments ended discrimination against immigrants — based on national origin.
. . . .The Hart-Celler Act of 1965:
Established the basic structure of today’s immigration law.
Abolished the national origins quota system (originally established in 1921 and most recently modified in 1952), while attempting to keep immigration to a manageable level. Family reunification became the cornerstone of U.S. immigration policy…
The preference system for visa admissions detailed in the law (modified in 1990) was as follows:
Unmarried adult sons and daughters of U.S. citizens.
Spouses and children and unmarried sons and daughters of permanent resident aliens.
Members of the professions and scientists and artists of exceptional ability.
Married children of U.S. citizens.
Brothers and sisters of U.S. citizens over age twenty-one.
Skilled and unskilled workers in occupations for which there is insufficient labor supply.
Refugees given conditional entry or adjustment — chiefly people from Communist countries and the Middle East.
Applicants not entitled to preceding preferences — i.e., everyone else. . . .
Now you know. And the above also means Mr. Trump cannot give Christians (residing in these countries, as he has tried) the priority he pretends to confer — not without an Act of Congress, at least. And there is a strong First Amendment Establishment Clause argument that it cannot be done, at all.
Mr. Trump has once again wasted our taxpayer funds — on an impotent, vain, illogical and poorly-thought-out over-reach. . . . [Update Sunday afternoon: I suppose this is progress, from those alt-right ditto-heads, after a fashion. I suppose.]