ADVERTISEMENT

Question on POTUS ability to ban refugees

ihhawk

HR Legend
Feb 4, 2004
24,329
21,748
113
Fort Lauderdale
Im not interested in debating Trump with this thread. I have a legit question in light of the arguments made by the lawyers for Washington and Minnesota.

If the Pope came out tomorrow and said that he has directed Catholics in Ireland to come to the USA and blow themselves up in shopping centers, would the POTUS have the authority to ban travel from Ireland until vetting is established?
 
Im not interested in debating Trump with this thread. I have a legit question in light of the arguments made by the lawyers for Washington and Minnesota.

If the Pope came out tomorrow and said that he has directed Catholics in Ireland to come to the USA and blow themselves up in shopping centers, would the POTUS have the authority to ban travel from Ireland until vetting is established?

What about your scenario would make them "refugees"?

(edit: And your problem isn't with Irish Catholics, it's with the Pope. He could certainly be banned for this.)
 
  • Like
Reactions: Raglefant
Yes

The left is playing pure politics with this. There is a reason they filed in Washington and the 9th circuit as opposed to Minnesota and the 8th circuit despite Minnesota being involved in this.
 
The POTUS EO power is specifically a limited power.

A similar question was posed by the judges to the DOJ lawyer during the hearing yesterday.
Specifically: "If this had been written as a 'Muslim ban', would this violate the Establishment Clause (and one other legal statute that I don't remember)?" The DOJ lawyer answered in the affirmative, and that in that case, the EO would be illegal and could be challenged; but he then asserted 'it was not a Muslim ban'. Then they went into all the internet and campaign chatter on "Muslim bans". It was also apparent from the Washington AG that any non-public info (personal email chatter) among the administration might be discoverable, which could really fry the admin on whether it is a "Muslim ban" or not.

I don't think this admin wants to go down that road....


Too many people are looking at a single statute regarding this EO, and not the overriding legal framework that statute is written within, and that is why the internet is full of disinformation claiming "the President can do anything with is EO", which is simply not correct.
 
ADVERTISEMENT

Latest posts

ADVERTISEMENT