A three-judge panel of the Ninth Circuit Court has repeated the mistakes made by the district court judge who stayed President Trump’s executive order (EO) temporarily suspending visas from seven terrorist havens.Both the judge in Washington State and the San Francisco-based circuit court have now refused to recognize the authority of Congress and the president to make this national security decision.Neither the judge in Washington State nor the court has offered anything approaching a detailed discussion of 8 U.SC. §1182 (f), the law which specifically gives the president authority to suspend the entry of any aliens into the U.S. if he believes their entry would be “detrimental to the interests of the United States.” Unless this statutory provision is unconstitutional, the president has acted completely within the law.The Ninth Circuit gives lip service to the fact that “courts owe substantial deference to the immigration and national security policy determinations of the political branches – an uncontroversial principle that is well-grounded in our jurisprudence.”Inexplicably, it then proceeds to give no deference to the president’s policy determination that a temporary suspension is necessary to ensure that adequate vetting procedures are in place.The court also gives no deference to the decision of Congress to delegate its plenary power over immigration to the president on this issue.
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