Trump May Use Existing Law to BYPASS Court Ruling on Immigration Ban

by Jason DeWitt | Top Right News

President Trump has been meeting with his staff in an effort to determine his next move concerning the recent restraining order placed on his executive order on travel.

But according to insiders Trump’s next move may be to invoke an existing federal law and completely bypass the courts completely.

Section 243(d) of the Immigration and Nationality Act allows the president of the United States to “punish uncooperative countries who refuse to take back their citizens when the U.S. tries to deport them.”

Right now, five of the seven countries on Trump’s original temporary ban listing are in violation of this law. These countries are Iran, Iraq, Libya, Somalia, and Sudan.

According to the Immigration Reform Law Institute, President Trump would only have to issue an official notification concerning those countries and the State department would have no choice but to immediately halt all visas.

A spokesman for the ILRI said that in actuality, the present law requires that President Trump issues that notification.

Ian Smith, an investigative associate of the Immigration Reform Law Institute (ILRI), said, “Each of these countries either cannot or are unwilling to take back their citizens, all of whom have either violated our immigration laws or committed crimes against our own. For that reason alone, the Trump administration can and should put a complete halt to their visa privileges. In fact, the law requires it.”

Some of the countries who are in violation of the act are:

  • Iran- Refused to take back 29 criminals
  • Iraq – Refused 33 criminals
  • Sudan – Refused 15 criminals
  • Somalia – Refused 25 criminals and 144 noncriminals
  • Libya – Refused one criminal and one noncriminal

Cuba is also one of the biggest violators of Section 243(d) and refused to take back more than 600 criminals last year.

Syria and Yemen are not on the list, but the ILRI believes this is because the U.S. doesn’t have a “working embassy in those countries,” which causes the inability to process travel documents.

As of now, immigrants whose countries refuse to take them back are released back into the United States, even those individuals with serious criminal records.

Immigrants rights groups have yet to respond to the possibility of President Trump simply invoking this law and bypassing the court process completely.

H/T: Washington Times


  • Ohknow

    Boom!

  • William Stearns

    Imagine that an actual LAW being enforced. You can’t fight the law unless you have Congress change it or the Supreme court declare it unconstitutional. Good Luck with that.

  • dbob

    Trump should drag his original ban out until the new SC justice is seated, then get a 5-4 (4 left wing ideologues on court would back the “Rogue” 9th circuit court). Trump clearly has the law on his side. Do we *really* want to let the 9th court’s decision to remove a president’s right to handle foreign affairs and use of the law to keep defined dangerous folks out?

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      Congress must impeach under Article 2, Section 4.

      The problem is that the judicial branch is not adjudicating objectively on the law. It is ruling on ideology through subjective decisions. That is a constitutional crime and crime of high office.

      In the case of the immigration “ban,” we can all read the MANIFEST TENOR, or clear and obvious meaning and intent, of the law.

      Alexander Hamilton –

      “[A] limited Constitution … can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing … To deny this would be to affirm … that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.”

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        • Politically Incorrect

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  • George

    Congress must have already IMPEACHED the 9th Circus Court for crimes of high office as usurpation, abuse of power, corruption, nullification, dereliction, treason, etc.

    Congress is derelict in its duty to defend and uphold the Constitution.

    The judicial branch has usurped the power of the legislative and executive branches.

    The judicial branch is accountable to no one, fears no voters and acts with impunity when Congress refused to impeach its members.

    The judicial branch is a dictatorship. Congress must enforce the law against it through the impeachment process.

    Congress must impeach the criminal 9th Circus Court and all other criminal officials of the judicial branch.

    Article 2, Section 4

    “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

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