ANOTHER Court Strikes Down Trump's New Immigration Executive Order. Here's Everything You Need To Know.
The ruling is yet another incident of judicial overreach. The executive branch has clear powers in the area of immigration restriction and refugee admittance. There could have been arguments that the original travel ban as constructed violated the mandates of Section 1152(a) of Title 8 of the U.S. Code, which says “no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.” The counterargument was that Section 1182(f) grants the president the ability to suspend the entry of “all aliens or any class of aliens as immigrants or nonimmigrants” so long as the president declares them “detrimental to the interests of the United States.”
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First, the judge argued that the new executive order discriminated on the basis of religion, even though the executive order clearly does not do so – in fact, the revised executive order was designed not to do so. To dispute that claim, the court relies on out-of-court statements by Trump adviser Stephen Miller, who said on February 21, “Fundamentally, you’re still going to have the same basic policy outcome for the country.” Here’s the court:
But what about the fact – undisputed, as the court recognizes – that the text doesn’t talk about religion? What about the fact that the supposed discriminatory ban doesn’t target the vast majority of Muslims the world over? The court says, “The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.” Say what? So any policy that disproportionately affects Muslims, even though it is facially neutral, is now discriminatory according to the court. How does the court know that the executive order is directed against Islam? They quote Trump from March 2016 stating, “I think Islam hates us.” They quote Trump’s infamous Muslim ban press release from 2015.
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The judge also gives the main plaintiff, an American Muslim of Egyptian descent – a guy who won't be deported, isn't at risk of deportation, and clearly has no standing – standing, because he might feel “hurt, confused, and sad” due to purported discrimination. Yes, really.
The ruling is yet another incident of judicial overreach. The executive branch has clear powers in the area of immigration restriction and refugee admittance. There could have been arguments that the original travel ban as constructed violated the mandates of Section 1152(a) of Title 8 of the U.S. Code, which says “no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth, or place of residence.” The counterargument was that Section 1182(f) grants the president the ability to suspend the entry of “all aliens or any class of aliens as immigrants or nonimmigrants” so long as the president declares them “detrimental to the interests of the United States.”
[clip]
First, the judge argued that the new executive order discriminated on the basis of religion, even though the executive order clearly does not do so – in fact, the revised executive order was designed not to do so. To dispute that claim, the court relies on out-of-court statements by Trump adviser Stephen Miller, who said on February 21, “Fundamentally, you’re still going to have the same basic policy outcome for the country.” Here’s the court:
Because a reasonable, objective observer … would conclude that the Executive Order was issued with a purpose to disfavor a particular religion, in spite of its stated, religiously-neutral purpose, the Court finds that Plaintiffs, and Dr. Elshikh in particular, are likely to succeed on the merits of their Establishment Clause claim.
But what about the fact – undisputed, as the court recognizes – that the text doesn’t talk about religion? What about the fact that the supposed discriminatory ban doesn’t target the vast majority of Muslims the world over? The court says, “The illogic of the Government’s contentions is palpable. The notion that one can demonstrate animus toward any group of people only by targeting all of them at once is fundamentally flawed.” Say what? So any policy that disproportionately affects Muslims, even though it is facially neutral, is now discriminatory according to the court. How does the court know that the executive order is directed against Islam? They quote Trump from March 2016 stating, “I think Islam hates us.” They quote Trump’s infamous Muslim ban press release from 2015.
[clip]
The judge also gives the main plaintiff, an American Muslim of Egyptian descent – a guy who won't be deported, isn't at risk of deportation, and clearly has no standing – standing, because he might feel “hurt, confused, and sad” due to purported discrimination. Yes, really.
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