Tag: Immigration

New Immigration Executive Order From President Trump, and the Many Flaws in the Ninth Circuit’s Ruling

The Ninth Circuit Court of Appeals ruling on the Trump immigration order (the “Trump Order“) is flawed on several levels.  The court’s analysis is shockingly poor and disturbing for a variety of reasons.  We do not reach this conclusion because we agree with the Trump Order, for we take no position on it.  Rather, the court’s ruling would set dangerous precedents, particularly regarding a president’s power to act quickly to protect the country.  At the least, the key parts of the ruling addressing (or failing to address) constitutional issues for non-resident aliens will likely not survive the Supreme Court.  But the court’s ruling makes clear at least one thing.  The Trump Order was poorly drafted.  President Trump will likely soon follow with a new immigration executive order, if he truly believes national security requires it.

We briefly look at the what and why of a new order.  Then we provide a detailed review of the numerous flaws in the Ninth Circuit’s analysis. Continue reading “New Immigration Executive Order From President Trump, and the Many Flaws in the Ninth Circuit’s Ruling”

Federal Court Analysis of Trump Order is Flawed – Boston Court Has it Right

U.S. District Court Judge James Robart entered a temporary restraining order on Friday, preventing implementation of President Trump’s immigration order.  Judge Robart applied his directive on a nationwide basis.  The only problem with this Federal court analysis and the monumental judgment is that it is wrong.  Judge Robart’s written opinion cited no authority, constitutional or otherwise, to support his judgment that the States involved “are likely to succeed on the merits . . . [and that] the States are likely to suffer irreparable harm . . . [and that] the balance of the equities favor the States.”

We aren’t surprised by Judge Robart’s failure to cite legal authority.  His was an extraordinary decision.  In a case where the President of the United States cited a national security purpose for his executive action, Judge Robart struck down that judgment and substituted his own.  At the very least, a Federal court judge owes the American public a complete dissertation explaining why the President is wrong and he is right.  He offered up nothing.

Continue reading “Federal Court Analysis of Trump Order is Flawed – Boston Court Has it Right”

The Constitutionality of Trump’s Immigration Ban: Is it Permissable? – A Debate

This debate involves the constitutionality of Trump's Executive Order "Protecting the Nation From Foreign Terrorist Entry Into the United States" (the "Order").  The debate also offers statutory analysis for and against the legality of the temporary ban.  Readers may weigh-in with their view.

Before jumping into the debate, there are several key elements, among others, to consider.

First, the President's authority to act.  President Trump cites both his Constitutional authority as President, and authority under relevant statutes.  The laws he relies on include the Immigration and Nationality Act (INA), and Section 301 of Title 3 of the United States Code.

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The Decline of Ethics in Journalism – The Huffington Post and Trump’s Immigration Order

Will the sad decline of ethics in journalism ever end?  There’s no mystery why the public doesn’t trust the media.  It didn’t used to be this way. Journalists focus less on reporting facts and more on drawing attention. They frequently distort or omit relevant information.   Sometimes, they use more indirect means to mislead, such as applying inaccurate labels to facts, or using inappropriate words to create false inferences or connotations.  Truth and accuracy are sacrificed to sensationalism.  They are victims of the competitive push for eyeballs and profits.

The Decline of Ethics in Journalism – The Trump Order on Immigration

Which brings us to the Huffington Post.  On January 25, 2017 they published an article entitled “Read Draft Text Of Trump’s Executive Order Limiting Muslim Entry to The U.S. (EXCLUSIVE).”  Now, that headline really got our attention.  For one, it sure sounds like President Trump actually went ahead and limited Muslim entry into the U.S.  We’ve got to read about that!  The headline also emphasizes the word “exclusive” in bold print.  The article must contain unique information that we really need to read because we won’t find it elsewhere. Continue reading “The Decline of Ethics in Journalism – The Huffington Post and Trump’s Immigration Order”

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