GONZO’S WORLD: ADMINISTRATION OF SCOFFLAWS – TRUMP & SESSIONS CONTINUE TO CLOG COURTS WITH FRIVOLOUS ANTI-IMMIGRANT LAWSUITS ON PREVIOUSLY REJECTED THEORIES!

https://www.aclu.org/blog/immigrants-rights/trump-and-sessions-keep-trying-institute-anti-immigrant-policies

Ruthie Epstein reports for ACLU online:

“They just can’t win.

Since taking office, President Donald Trump and Attorney General Jeff Sessions have been trying illegally to strong-arm law enforcement agencies across the country into colluding with the Department of Homeland Security’s mass deportation agenda. But the courts have blocked them every step of the way.

President Trump took his first shot across the bow just a few days after inauguration. A single provision buried in Executive Order 13768 threatened to cut off all federal funds to so-called sanctuary cities. The provision was broad and undefined. It appeared to target jurisdictions that have adopted a range of lawful and sensible law-enforcement policies.

A federal court in California quickly put the executive order’s provision on hold. And last Monday, after months of hearings, the court permanently blocked the unconstitutional provision, ruling that it violated separation of powers, the Constitution’s Spending Clause, and the Tenth Amendment. The court also ruled that the provision was unconstitutionally vague. The judge in the case wrote that “[f]ederal funding that bears no meaningful relationship to immigration enforcement cannot be threatened merely because a jurisdiction chooses an immigration enforcement strategy of which the President disapproves.” The government has appealed this case to the Ninth Circuit Court of Appeals, but for the time being, the president cannot carry out his threat.

Attorney General Sessions tried another way to coerce local governments into adopting anti-immigrant policies. His strategy was to attach new conditions to existing federal law enforcement grants. In July, he announced that recipients of Byrne Justice Assistance Grant (JAG) funds, which support a wide range of local programs including indigent defense, crime prevention, and drug treatment, would henceforth be required to allow Immigration and Customs Enforcement (ICE) agents to enter jails to interrogate inmates and provide 48 hours’ notice of an inmate’s release date if ICE requests it.In September, a federal court in Chicago blocked these conditions nationwide, ruling that the Justice Department had no authority to impose new requirements on the grant money – that’s the job of Congress. Again, the Trump administration has appealed to the Seventh Circuit. Earlier this month, a federal court in Philadelphia also ruled that these new conditions are illegal.Not to be discouraged, Sessions tried the same tactic with a different pot of Justice Department money. In September, he announced that applicants for Community Oriented Policing Services (COPS) Office grants would receive preferential consideration if they cooperated with ICE’s interrogation and notification demands. Last week, the Justice Department announced more than $98 million in COPS grants to hire 802 new full-time law enforcement officers across the country — and claimed that 80 percent of the grantees had agreed to cooperate with the feds on immigration enforcement. COPS funds are intended to help build trust between communities and law enforcement. Instead, Sessions is trying to incentivize police departments to do the exact opposite – discouraging immigrants from contacting the police if they are victims or witnesses to a crime, for fear that they or their family members might be detained and deported.

And sometimes Sessions resorts to naked threats. Since August, the Justice Department has sent at least two rounds of letters to states and local jurisdictions it deems to have insufficient immigration policies. The letters are impressive in their desperation, proposing a new and expansive interpretation of federal law that would strip Byrne JAG funds from almost any local law enforcement agency that limits entanglement with federal immigration enforcement. They are meant to frighten cities and states into agreeing to dedicate government personnel and taxpayer dollars to help the federal government advance its harsh vision of immigration enforcement — but, as its repeated losses in courts confirm, the Justice Department’s legal footing is weak.

With these letters, the administration continues its campaign to harass cities and states that support immigrant communities and advance public safety by focusing their efforts locally and leaving federal immigration enforcement to the feds. The law, however, is clear: Trump and Sessions cannot force state and local governments to do their bidding, no matter how hard they try.”

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Although Gonzo sanctimoniously and disingenuously pontificates about the “rule of law” and lobs restrictionist-inspired grenades about “dirty immigration lawyers,” in fact Gonzo and Trump are the one engaging in gross abuses of the  U.S. legal system in support of an illegal, racist, White Nationalist Agenda.
Because of the rules giving wide latitude to those in political positions, it’s doubtful that either one of these anti-American zealots will ever be held fully liable for his actions. But, their misguided campaign can be thwarted if enough of us who believe in the Constitution and representative government  “Just Say No” to their antics.
PWS
11-27-17

GONZO’S WORLD: His Own Credibility Has Become A Bad Joke — But, Under Gonzo The DOJ & The SG’s Office Rapidly Losing Credibility & Respect From The Federal Courts!

https://www.law.com/nationallawjournal/sites/nationallawjournal/2017/11/09/justice-department-faces-questions-for-supreme-court-attack-on-aclu-ethics/

Marcia Coyle reports for the National Law Journal:

“The U.S. Justice Department’s request that the Supreme Court consider sanctions against lawyers who advocated for an immigrant teenager at the center of an abortion case has raised questions about the government’s motivation and threatened to jeopardize the reputation of the solicitor’s office before the justices. Former Justice Department attorneys called the government’s action in the Supreme Court “extraordinary” and said they had no memory of a similar Supreme Court petition.”

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You’ll need a full subscription to the NLJ to get beyond what I’ve quoted above. But, you get the idea.

And remember, you read first in some of my earlier blogs in immigrationcourtside.com about the DOJ’s and SG’s likely loss of years of hard earned respect and credibility by arguing the relatively “law free” politicized “Gonzo” positions forced on them by Sessions and the rest of the White Nationalist Trumpsters. Remember, the pro bono lawyers being smeared by Sessions’s DOJ were fighting to vindicate a migrant teenager‘s clear constitutional rights against an attempt by Government officials to substitute their own personal opinions for the constitutional rules and to misrepresent their true intentions (use delay and obfuscation tondefeat constitutional rights) in doing so. Sounds like it’s Sessions and his group whose law licenses should be re-examined.

The public and to some extent the media might have allowed the “Trump/Sessions Crowd” to “normalize” the presentation of lies, misrepresentations, intentional omissions, distortions, and political screeds as “facts” or “legal arguments.” But, most Article III Courts don’t like being played for fools, particularly by the USDOJ which traditionally has been expected to meet higher standards of integrity, fairness, and responsibility to accurately inform the tribunals before which they appear.

Ironically, although Gonzo tried to tag immigration lawyers fighting to preserve their clients’ statutory and constitutional rights as “dirty,” that tag is much more likely to stick to Gonzo and some of the ethically challenged DOJ lawyers doing his bidding. Not to mention that the DOJ is wasting the time of the Supremes with its basically frivolous request, intended largely as political grandstanding to satisfy Gonzo’s anti-abortion, anti-US Constitution political backers.

PWS

11-10-17

DUE PROCESS IN ACTION: WHAT HAPPENS WHEN AN INDEPENDENT ARTICLE III COURT ACTS TO ENFORCE CONSTITUTIONAL RIGHTS BEING IGNORED BY DHS & DOJ: Here’s One Family’s “Human Story” About How the 9th Circuit’s Decision In Jennings v. Rodriguez Saved Them (And Also Us)! — Bond Hearings Can Mean EVERYTHING To A Detained Immigrant & Family!

http://lawprofessors.typepad.com/immigration/2017/10/how-a-bond-hearing-saved-me-from-deportation-by-mark-hwang.html

From ImmigratonProf Blog:

The ACLU blog has an interesting post on Jennings v. Rodriguez, the immigrant detention case argued in the Supreme Court today.

How A Bond Hearing Saved Me From Deportation By Mark Hwang

Today the Supreme Court will hear Jennings v. Rodriguez, a case that will decide the fate of thousands of men and women locked up in immigration prisons across the country. The federal government is challenging a 2015 Ninth Circuit ruling, in which the American Civil Liberties Union secured the right to a bond hearing for people in deportation proceedings after six months of detention.

Bond hearings allow people to go before a judge so that he or she can decide if imprisonment is necessary, weighing factors like public safety and flight risk. It’s basic due process. Bond hearings are a vital check on our country’s rapidly-expanding immigration system. I’ve seen their power firsthand, because not too long ago, I was one of the people locked up.

In February 2013, I was driving with my one-year-old son when we were stopped by an immigration officer. He said that I hadn’t used my turn signal when changing lanes and asked to see my identification. When he came back to the car, he asked if I had ever been convicted of a crime.

I answered truthfully. More than a decade ago, when I was in my early 20s, I was convicted of marijuana possession with intent to sell. I had served a short sentence and had remained out of trouble since. Still the officers said that I needed to go with them and that I would have to explain “my situation” to a judge. I was shackled and put in the back of the car while one of the officers got into my car to drive my son home.

I thought there had to be some kind of mistake. Around two weeks earlier, my wife Sarah had given birth to our identical twin daughters. My life at the time was full, growing, and completely rooted in the United States.

When I was booked into custody, an officer told me that my drug conviction meant that my detention was “mandatory.” Nobody had ever told me that pleading guilty on a drug charge could have implications for my immigration status. I petitioned a court to vacate the marijuana conviction, but because I was locked up, I couldn’t appear at the hearing. The request was denied and I had no idea for how long I would be locked up, leaving my wife to run our business and care for our children alone. When my family came to visit me in detention, I wasn’t allowed any physical contact, so I couldn’t hold my newborn daughters or my son.

I was at a breaking point, and nearly ready to sign deportation papers when – after being locked up for six months — I finally received a bond hearing as result of the court decision in Jennings. I was granted bond and released, allowing me to return to my family. With the help of an attorney, I was able to vacate my marijuana conviction because I had never been apprised of the immigration consequences to pleading guilty. As a result, ICE no longer had a reason to try to deport me.

Before Jennings, people fighting deportation could be detained indefinitely while they defend their rights to remain in the United States. This includes lawful permanent residents like me; asylum seekers and survivors of torture; the parents of young children who are citizens; and even citizens who are wrongly classified as immigrants. Many go on to win their deportation cases, which means their detention was completely unnecessary.

Even worse, a lot of people simply give up their cases because they can’t endure the hardship of being locked up. Detention almost broke me and I could have lost my life in the only country I’ve known since I was six years old. Instead, I’m here to share my story. Through this experience, I found my faith and am now deeply involved in my church and community. My son is six years old and my twins are five. My wife and I still run our business and I thank her all the time for being a pillar of strength while I was locked up. I hope the justices make the right choice — it can make all the difference.

KJ

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We’re in “Catch 22” territory here! This respondent was locked up by DHS in “mandatory detention” because he was wrongfully convicted in state court. But, he couldn’t successfully challenge his state court conviction because he was locked up by DHS. Once he got a bond hearing, after six months, he was released, his conviction was vacated, and he and his family could go back to living their lives and being productive Americans. 

But, without the intervention of the 9th Circuit in Jennings, this individual likely would have been coerced into “voluntarily” relinquishing his Constitutional rights and accepting removal to a country where he hadn’t been since he was six years old. I can guarantee you that in jurisdictions where the Article III Courts have not intervened in a manner similar to Jennings, individuals are coerced into abandoning their Constitutional rights and foregoing potentially winning Immigration Court cases on a daily basis.

And, just think of the absurd waste of taxpayer money in detaining this harmless individual for months and forcing the legal system to intervene, rather than having both Congress and the DHS use some common sense and human decency. Few Americans fully contemplate just how broken our current immigration system is, and how we are trashing our Constitution with inane statutes enacted by Congress and poor judgment by the officials charged with administering them.

Easy to “blow off” until it’s you, a relative, or a friend whose Constitutional rights are being mocked and life ruined. But, by then, it will be too late! Stand up for Due Process and human decency now!

PWS

10

ACLU WILL CHALLENGE TRAVEL BAN 3.0 IN MD FEDERAL COURT!

http://www.huffingtonpost.com/entry/aclu-travel-ban_us_59ceab03e4b06791bb10933f

Mollie Reilly reports for HuffPost:

“The American Civil Liberties Union announced Friday it is suing President Donald Trump’s administration over its new travel ban.
The group is bringing its challenge in the U.S. District Court in Maryland. Multiple organizations, including the National Immigration Law Center, are joining the complaint.
“President Trump’s newest travel ban is still a Muslim ban at its core, and it certainly engages in discrimination based on national origin, which is unlawful,” ACLU executive director Anthony D. Romero said in a statement. “Adding a few North Koreans and a tiny group of Venezuelan officials doesn’t paper over the original sin of the Muslim ban. We’ll see President Trump in court — again.”
The latest iteration of the ban, announced earlier this week, is set to place new restrictions on travel to the U.S. from eight countries starting on Oct. 18. The updated ban removed earlier restrictions on Sudan, while adding North Korea, Venezuela and Chad to the list. Restrictions remain in place for Iran, Libya, Syria, Yemen and Somalia.
It’s Trump’s third attempt to restrict travel from a small group of countries.
The ACLU and other groups have decried the new version of the ban as just as xenophobic as its earlier versions, which faced legal challenges as to whether the policies unconstitutionally discriminated against Muslims.
“This is still a Muslim ban ― they simply added three additional countries,” said Becca Heller of the International Refugee Assistance Project earlier this week. “Of those countries, Chad is majority Muslim, travel from North Korea is already basically frozen and the restrictions on Venezuela only affect government officials on certain visas. You can’t get any more transparent than that.”

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Although the Trumpsters have shored up Travel Ban 3.0 with some specifics, it’s still stupid and unnecessary. Whether that makes it illegal, however, is a more difficult question.

PWS

09-29-17

DESTROYING JUSTICE: Community Policing Has Never Been More Important — So Why Is Gonzo Apocalypto Dismantling The Program That Supports It?

https://apple.news/AkFxWbMPlTUiYPthk_oULfQ

Kenya Bennett writes in ACLU:

“Jeff Sessions Is Dismantling the Justice Department’s Community Policing Initiative When We Need It Most
The program wasn’t federal intrusion. Local police asked for it to improve relations with the communities they serve.
As St. Louis and the rest of the country reacted to the acquittal of the police officer who killed Anthony Lamar Smith last Friday, the Justice Department had its focus on something else. While we expressed outrage at continued state violence and another fatal police shooting of a Black man with no accountability, Attorney General Jeff Sessions did just the opposite.
On Friday, DOJ announced the end of a community policing program as we know it. The program, which once helped St. Louis County police address racial profiling and other localities address issues like excessive use of force, is no more. Instead, DOJ will now assist local agencies in “fight[ing] violent crime,” aka, Session’s failed drug war agenda.
The Collaborative Reform Initiative for Technical Assistance, or “collaborative reform” for short, was started in 2011 at the request of local law enforcement. The DOJ program provided resources to law enforcement agencies that were experiencing serious policing failures and reached out to the agency for help. These police departments were plagued by excessive force, biased policing, and failed police-community relations.
As the former head of the COPS office, Ron Davis, described, “[collaborative] reform worked because it was driven by local police, elected [and] community leaders who wanted stronger relationships [and] safer cities.” This effort was far from the “federal intrusion” that Sessions uses to describe the previous administration’s oversight of local policing. Police departments and local communities sought out and volunteered for this federal program. And they were right to do so.
The police departments benefiting from collaborative reform were often responsible for fatal police shootings that garnered national attention. We are talking about departments in Milwaukee, Wisconsin, where Dontre Hamilton was fatally shot by police; Saint Anthony, Minnesota, where Philando Castile met the same fate; and North Charleston, South Carolina, where Walter Scott was also fatally gunned down by a police offer.
The collaborative reform cities that were waiting on DOJ’s recommendations, like Milwaukee, have been told to stop holding their breath. The reports are not coming. A draft of the Milwaukee report shows just what is at stake with the loss of these federal resources. The report revealed that “MPD members generally do not understand their roles in community policing.” The report also found that “MPD’s traffic enforcement practices have a disparate impact on the African-American community” and the department “does not have specific guidelines for conducting use of force investigations.”
For DOJ to now deny critical policing resources to troubled agencies and communities is appalling. Police departments and local officials asked for federal help so they could attempt to “strengthen and build the mutual trust” between law enforcement and communities in the midst of tragedy, often a fatal police shooting. And for Sessions to say he now wants the program to “fight violent crime” is ridiculous. Fatal police shootings can be violent crimes; they just tend to happen without consequence as we saw most recently in St. Louis.
So what can be done with police practices and a justice system that continues to fail this country? Let’s keep organizing, advocating, and litigating, making sure our voices are heard. Let’s tell our local police departments that we will work with them to ensure constitutional policing practices; that we will hold them accountable even if this Justice Department will not.
Originally published at www.aclu.org.”

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Just another part of Gonzo’s White Nationalist program.  Liz was right!

PWS

09-20-17

U.S. District Judge Mark Goldsmith Halts Iraqi Removals

http://www.latimes.com/nation/la-na-iraqi-deportations-20170724-story.html

Melissa Etehad reports in the LA Times:

“A federal judge in Detroit has temporarily halted the deportations of more than 1,400 Iraqi immigrants, ruling that they deserve to have their cases play out in court because of the risk that they could be targeted for persecution in Iraq.

In a ruling Monday, U.S. District Judge Mark Goldsmith said the immigrants faced a “compelling confluence of extraordinary circumstances” and that the government’s attempt to rush their deportations was a violation of their rights.

Many of the Iraqis arrived in the U.S. as children as far back as the 1980s and have few ties to their native country. The majority are members of religious or ethnic minorities such as Chaldean Christians or Kurds, who have been subjected to torture and other forms of repression in Iraq.

They face deportation because they had overstayed visas or committed crimes, typically misdemeanors such as driving under the influence of alcohol.

They had been allowed to stay in the U.S. because for decades Iraq had refused to take them back. But in March, the Trump administration reached a deal with the Iraqi government to accept them and in June began rounding them up in immigration raids.

As of July 1, 234 had been arrested and detained around the country, including large numbers in Detroit, home to thousands of Chaldean Christians.

Returning the immigrants to Iraq would in some cases be akin to issuing a death sentence, according to civil rights and immigrant rights groups that filed a lawsuit in Detroit federal court in late June to block deportations of those immigrants who had been living in Detroit.

Many had been transferred multiple times to various detention facilities, making it harder for them to get legal representation and prepare their cases, advocates said.”

Here is a full copy of Judge Goldsmith’s opinion in Hamama v. Adducci detailing the Government’s efforts to obstruct and derail due process:

https://www.aclu.org/sites/default/files/field_document/opinion_granting_pi.pdf

 

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Another defeat for the Trump Administration’s gonzo enforcement agenda.

PWS

07-25-17

Sessions Says DOJ Will Help Defend States (Like Texas) Seeking To Punish “Sanctuary Cities” — House GOP Pushes Bill Targeting Sanctuary Jurisdictions!

https://www.washingtonpost.com/local/trump-administration-backs-texas-in-lawsuit-over-harsh-sanctuary-city-law/2017/06/23/327ba290-581f-11e7-ba90-f5875b7d1876_story.html?utm_term=.4c47afa58d76

Maria Sacchetti reports in the Washington Post:

“Attorney General Jeff Sessions said Friday that the Trump administration “fully supports” Texas’s harsh new ban on sanctuary cities, and the Department of Justice will help defend it against a federal court challenge next week.

Lawyers for the tiny border city of El Cenizo, the League of United Latin American Citizens and major cities such as Dallas and Austin say the law requiring them to detain immigrants for federal deportation agents is “patently unconstitutional” for a number of reasons. On Monday, they will urge U.S. District Court Judge Orlando Garcia in San Antonio to block the law from taking effect Sept. 1.

The state of Texas argues that the government is within its rights to bar localities from interfering with immigration enforcement. Under the law, officials could lose their jobs, police chiefs could go to jail, and governments could face fines of up to $25,500 a day if they adopt or enforce policies that prevent law enforcement officers from asking about a person’s immigration status or complying with requests to detain immigrants, a job that has been chiefly the responsibility of federal agents.

 

“President Trump has made a commitment to keep America safe and to ensure cooperation with federal immigration laws,” Sessions said in a statement. “Texas has admirably followed his lead by mandating state-wide cooperation with federal immigration laws that require the removal of illegal aliens who have committed crimes.”

Luis Roberto Vera, Jr. the national general counsel for the League of United Latin American Citizens, which is a plaintiff in the case, said the Texas law is discriminatory because it primarily targets Hispanics, one of the state’s largest groups.

El Cenizo Mayor Raul Reyes. El Cenizo is the lead plaintiff in a lawsuit that will seek to temporarily halt Texas’ sanctuary cities ban before it takes effect Sept. 1. (Matthew Busch/Matthew Busch For The Washington Post)
“It’s a continuation of Donald Trump’s war on Mexicanos,” Vera said. “That’s the sad part about this.”

The faceoff comes amid rising tensions nationwide over the Trump administration’s crackdown on immigration and its relentless march forward despite a string of losses in federal courts.

On Friday, congressional aides said House Republicans are advancing a bill that would withhold some federal grant money from so-called sanctuary cities; give greater legal weight to immigration detainers, which are requests from Immigration and Customs Enforcement to local jails to hold immigrants who are being targeted for deportation; and shield local governments from lawsuits related to detainers. A second bill would increase penalties against deported immigrants who return illegally.”

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Yup, full employment for lawyers, on all sides.

Bad time to be an immigrant, refugee, or minority in America. Great time to be a lawyer!

PWS

06-24-17

U.S. District Judge In Detroit Temporarily Halts DHS Effort To Expel Chaldean Christians To Iraq!

https://apnews.com/65537e11f1a941c7954faaebdd35f75d/Detroit-judge-halts-deportation-of-Iraqi-Christians

AP reports:

“DETROIT (AP) — A judge on Thursday temporarily halted the deportation of more than 100 Iraqi Christians living in the Detroit area who fear torture and possible death if sent back to Iraq.

U.S. District Judge Mark Goldsmith said in a written order that deportation is halted for 14 days while he decides if his court has jurisdiction to hear their plight.

The Justice Department had argued that the detainees, including many who were recently rounded up after decades in the U.S., must go to immigration court to try to remain in the U.S., not U.S. District Court. But the American Civil Liberties Union said they might be deported before an immigration judge can consider their requests to stay.

Goldsmith heard arguments Wednesday. He said he needs more time to consider complex legal issues.

Potential physical harm “far outweighs any conceivable interest the government might have in the immediate enforcement of the removal orders before this court can clarify whether it has jurisdiction to grant relief to petitioners on the merits of their claims,” Goldsmith said.

Most of the 114 Iraqis are Chaldean Christians, but some are Shiite Muslims and converts to Christianity. They were arrested on or about June 11 and the U.S. Immigration and Customs Enforcement said all have criminal convictions.

Iraq recently agreed to accept Iraqi nationals subject to removal from the U.S.

“The court took a life-saving action by blocking our clients from being immediately sent back to Iraq,” Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project, said in a release. “They should have a chance to show that their lives are in jeopardy if forced to return.”

Besides the 114 arrested in the Detroit area, 85 other Iraqi nationals were arrested elsewhere in the country, according to ICE. As of April 17, there were 1,444 Iraqi nationals with final orders of removal from the U.S. Eight already have been returned to Iraq.

The detainees include Louis Akrawi, who served more than 20 years in Michigan prisons for second-degree murder. He was accused of arranging a shooting that killed an innocent bystander in 1993.

“He’s 69 years old, he has two artificial knees, and he needs surgery on both eyes. Sending him back to Iraq is unfair,” his son, Victor Akrawi, told The Detroit News.”

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Perhaps, Evangelical Christians who supported Trump thought they would get a break. But, in this particular operation, being a Christian doesn’t seem to have helped. Muslims are also being removed.

PWS

06-23-17

N. Rappaport In HuffPost: Visa Restrictions Under President Trump’s EO Might Expand!

http://www.huffingtonpost.com/entry/5894ed61e4b061551b3dfe64?timestamp=1486251772708

Nolan writes in HuffPost:

“Too much attention is being paid to a 90-day travel ban in President Donald Trump’s Executive Order Protecting the Nation From Foreign Terrorist Entry into the United States (Order). While it is a serious matter, the temporary suspension of admitting aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen into the United States is just the tip of the iceberg. Other provisions in the Order may cause much more serious consequences.

Section 3(a) of the Order directs the Secretary of the Department of Homeland Security (DHS), in consultation with the Secretary of the Department of State (DOS) and the Director of National Intelligence, to determine what information is needed “from any country to adjudicate any visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual seeking the benefit is who the individual claims to be and is not a security or public-safety threat.” This applies to all countries, not just the seven that are subject to the 90-day suspension.

Those officials have 30 days from the date of the Order to report their “determination of the information needed for adjudications and a list of countries that do not provide adequate information (emphasis supplied).”

Section 3(d) directs the Secretary of State to “request all foreign governments that do not supply such information to start providing such information regarding their nationals within 60 days of notification.” Section 3(e) explains the consequences of failing to comply with this request. Note that this also applies to all countries, not just the seven that are subject to the 90-day delay.

(e) After the 60-day period described in subsection (d) of this section expires, the Secretary of Homeland Security, in consultation with the Secretary of State, shall submit to the President a list of countries recommended for inclusion on a Presidential proclamation that would prohibit the entry of foreign nationals (excluding those foreign nationals traveling on diplomatic visas, …) from countries that do not provide the information requested pursuant to subsection (d) of this section until compliance occurs (emphasis supplied).
This is far more serious than the 90-day ban on immigration from the seven designated countries. With some exceptions, President Trump is going to stop immigration from every country in the world that refuses to provide the requested information. And this ban will continue until compliance occurs.”

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If this happens, there are likely to be more challenges, and more work for lawyers. Could President Trump turn out to be the best thing that has happened to the U.S. legal profession lately? Stay tuned.

PWS

02/05/17

HuffPost: N. Rappaport Contests ACLU Exec. Director Romero’s Claim That Trump EO Is “A Muslim Ban Wrapped In A Paper-Thin National Security Rationale.”

http://www.huffingtonpost.com/entry/58922d69e4b0f009905272bc?timestamp=1485983968492

“The ACLU Executive Director, Anthony D. Romero, claims that President Donald Trump’s Executive Order suspending the admission of aliens from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen for 90 days is “a Muslim ban wrapped in a paper-thin national security rationale.”

. . . .

President Trump’s Executive Order directs the Secretary of State and the Director of National Intelligence to determine what information is needed from any country to decide whether one of its nationals who is seeking admission to the United States is who he claims to be and is not a security or public-safety threat.

The Executive Order also requires finding out which countries will be willing to provide the needed information. If the governments of the seven designated countries agree to provide this information, the ban will not be extended, but their nationals will have to pass through the new screening process to get a visa to come to the United States.

In the meantime, the Executive Order permits the Secretaries of State and Homeland Security to waive this ban on a case-by-case basis when a waiver is in the national interest.

DHS already has applied this waiver to the entry of nationals from those countries who are lawful permanent residents returning from a trip abroad. He has stated that, “absent the receipt of significant derogatory information indicating a serious threat to public safety and welfare, lawful permanent resident status will be a dispositive factor in our case-by-case determinations.”

It certainly would have been better if President [Trump] had provided more guidance on such waivers and set up procedures for requesting them before issuing the Executive Order. He also could have delayed its effective date to prevent people from being caught by it in transit to the United States.

Nevertheless, it is apparent that it is not “a Muslim ban wrapped in a paper-thin national security rationale.”

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Read Nolan’s full article which develops his legal arguments further at the above link.

PWS

02/01/17