The court order halting U.S. President Donald Trump’s “travel ban” is based—ironically—on an identical court order against an Executive Order issued by former President Barack Obama granting protection to children of illegal immigrants.
The May 2015 ruling, issued by a three-judge panel of the 5th Circuit Court of Appeals in New Orleans, blocked Obama’s program to protect millions of illegal immigrants from deportation from going into effect.
Obama announced in 2012 that he would allow illegal immigrants brought to the country as children to register with the federal government in exchange for two-year protections from deportation.
A federal judge blocked Obama’s plan in February 2015, just hours before many of them were to start applying for the new program. He then launched a second program—also with an Executive Order—to allow more illegal aliens and older illegals who had U.S. citizen children, to qualify for protection from deportation.
U.S. District Judge James L. Robart—a well-known leftist extremist who openly supported the terrorist-linked “Black Lives Matter” organization, and who worked to help illegal immigrants from South East Asia—adopted much of the Texas’s courts’ reasoning in making his order nationwide.
Federal judges do not often issue nationwide orders, but they have the power to do so.
Judges use nationwide orders most typically when they decide that limiting a ruling to a particular district would be impracticable, and this was a key part of Judge Robart’s order.
He specifically rejected the Trump administration’s argument that any restraining order should be limited to the two plaintiff states, Washington and Minnesota, saying that a “partial implementation would undermine the constitutional imperative of a uniform Rule of Naturalization, and Congress’s instruction that the immigration laws of the United States should be enforced vigorously and uniformly.”
As expected, the Ninth U.S. Circuit Court of Appeals in San Francisco rejected a request from the Justice Department to immediately reinstate the order, asking for more court filings before it rules on the matter.
The Court of Appeals has ordered that both parties must submit arguments by the end of Monday, February 6. If the Ninth Circuit Court allows a stay, the case would then go back to Judge Robart, who would move forward with the case.
If the Ninth Circuit Court declines to enter a stay, the Trump Administration will have no choice but to appeal to the U.S. Supreme Court.
If however the Court does order a stay, the plaintiffs are also likely to appeal to the U.S. Supreme Court.
In reality, U.S. law specifically gives the president alone the power to decide who can enter or stay in the United States.
U.S. Code § 1182 (“Inadmissible aliens”), section (f), specifically states:
(f)SUSPENSION OF ENTRY OR IMPOSITION OF RESTRICTIONS BY PRESIDENT
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.