Trump's Immigration Policy Analysis

The writer, Brookings fellow and Lawfare editor-in-chief Benjamin Wittes, had noted the order skipped over a key part of the U.S. code on “inadmissible aliens” which Trump had publicly recited on Wednesday in defense of his immigration restrictions.

READ THE COURT ORDER

The statute reads in part: “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.”

Wittes wrote that this statute speaks to
CLINTON TROLLS TRUMP

A three-judge panel of the 9th Circuit Court of Appeals, though, declined to lift a lower-court ruling that suspended the policy on other grounds.

In their unanimous decision, the judges generally referred to the government’s position that such presidential decisions on immigration policy are “unreviewable” – but rejected that argument.

“There is no precedent to support this claimed unreviewability, which runs contrary to the fundamental structure of our constitutional democracy,” the judges wrote. “…Although our jurisprudence has long counseled deference to the political branches on matters of immigration and national security, neither the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the
for Muslims. While the administration now insists this is not a “Muslim” ban, the states challenging the order say it violates the establishment and equal protection clauses of the Constitution because it was meant to target Muslims – pointing to the president’s past statements and other factors.

The court wrote: “The States’ claims raise serious allegations and present significant constitutional questions.”

The Justice Department is now reviewing its options -- which include the possibility of appealing the matter to the Supreme Court, asking for a review from a broader panel of judges or taking the dispute back to the lower court. Or the White House could issue a revised order.

Trump tweeted overnight, “SEE YOU IN COURT,” without specifying which court.

Wittes argued that the 9th Circuit was right to leave the restraining order in place, “for the simple reason that there is no cause to plunge the country into turmoil again while the courts address the merits of these matters over the next few