Does a Federal Judge Have the Authority to Override the President?

SCOTUS:  FEDERAL GOVERNMENT HAS “BROAD, UNDOUBTED POWER OVER IMMIGRATION AND ALIEN STATUS”

by Sharon Rondeau

(Feb. 4, 2017) — On Saturday afternoon, President Trump tweeted his disagreement with Judge James Robart‘s granting of a temporary restraining order of the executive order Trump signed on January 27 banning would-be entrants from seven nations identified by the Obama regime as terrorist hotbeds and suspending the Refugee Resettlement program for 90 days.

Trump and his wife are staying at his Mar-a-Lago resort in Florida for the weekend.

Federal judges are nominated by the president, confirmed or rejected by the U.S. Senate and serve in the Judicial branch of government. The other two branches, Executive and Legislative, are represented by the President and executive agencies and Congress, respectively.

Robart issued his opinion late on Friday, and news reports indicate that the State Department has resumed allowing individuals from the seven countries already issued visas to travel to the United States.

The U.S. Department of Justice reviewed the executive order before Trump’s signature was placed on it to ensure that it was within the confines laws passed by Congress.

Much to the mainstream media’s dismay, Trump often uses Twitter to convey his thoughts and opinions on issues.

In a video constantly replayed in Yahoo! Email on Saturday, Washington State Atty. Gen. Robert Ferguson emphatically stated that the stay of Trump’s executive order was issued in accordance with “the Constitution.”

Ferguson had filed suit against Trump on behalf of the State of Washington, with Minnesota later joining the action.

“We’re a nation of laws,” Ferguson said.  “It is his job to honor it,” he said of Trump, “and I’ll make sure he does.”

Ferguson did not cite to which “law” he was referring.

The states are claiming that they will suffer “irreparable harm” if the aliens are not allowed to enter the country.

In response to laws relating to immigration passed in Arizona in 2010, the U.S. Supreme Court ruled that immigration is the purview of the federal government, not the states.

In a much-less-publicized story than the Washington State federal judge’s ruling, Newsy reported that a federal judge in Boston declined to extend a New York judge’s temporary injunction of Trump’s executive order issued last Saturday, finding the executive order legal.

While Yahoo! on Friday night speculated that the administration would allow Robarts’s ruling to stand, indications are that that is not the case.  On Friday night, White House spokesman Sean Spicer said that the matter would be challenged in court “as soon as possible.”

The Post & Email tweeted back to Trump, “As an independent reporter, I would like to know on which law the judge relied in rendering his opinion. Is he activist?”

While we do not expect a response, this writer knows of no law mandating that refugees and immigrants must be allowed into the United States. Rather, the Immigration and Nationality Act (INA) of 1952 reformed immigration “quotas” from different parts of the world and states that the president may use his discretion to prohibit any group of individuals he perceives as a threat to the national security of the United States.

A summary of the law at State.gov adds that the McCarran-Walter Act “created a labor certification system, designed to prevent new immigrants from becoming unwanted competition for American laborers,” an item prominent in Trump’s campaign.

According to Section 279 of the law, U.S. District Courts have jurisdiction over alleged civil and criminal violations of it.

Some sections of the law have been repealed.

Section 411 established the Office of Refugee Resettlement.

Section 212 bars aliens with communicable diseases, drug traffickers, children of those barred from entering such as convicted criminals, polygamists, draft evaders, and without a valid passport to enter the U.S.  It also states that “(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.”

Another section of the law states of the president’s authority in determining entry of aliens:

Article II, Section 3 of the U.S. Constitution states that the president “shall take Care that the Laws be faithfully executed.”

 

13 Responses to "Does a Federal Judge Have the Authority to Override the President?"

  1. Dallas   Friday, July 6, 2018 at 2:17 PM

    I understand why Trump’s executive order must be subject to judicial review and precedent considered, however, it should not be left up to only 1 person to decide. As you state, the laws are complicated, detailed and subject to interpretation. A panel of, perhaps, 5 judges should make such a decision, not 1 person who may have their own prejudices, whether intentional or not.

    Reply
  2. Robert   Tuesday, May 2, 2017 at 12:24 AM

    This so called judge allowed standing where there was none. He exceeded his judicial authority and was outside the law. He should be immediately impeached! The criteria for impeaching a judge is “bad behavior”!!! This is a perfect example of BAD BEHAVIOR!!

    Reply
  3. James Carter   Saturday, February 11, 2017 at 9:39 AM

    As Robert Laity noted at the end of his comment, per 8 USC Section 1182 Inadmissible Aliens, the president has the authority to ban entry to the U.S. of any/all non-citizens who may pose a threat, to wit:
    “(f) Suspension of entry or imposition of restrictions by President
    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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.”
    IMHO that means the president has SPECIFIC and EXCLUSIVE authority to do what President Trump’s E.O. did, and since the Constitution does not grant the States any authority whatsoever regarding immigration no State has standing to challenge President Trump’s E.O.
    Therefore, IMHO, President Trump should direct the appropriate agency/agencies to abide his E.O.

    Reply
  4. LB   Friday, February 10, 2017 at 3:05 PM

    Obama’s puppeteer George Soros has funded groups that support the overthrow of our government/Anarchy. Soros holds dual citizenships in the US and Hungary, not an easy task to achieve but of course if you have that much money you can buy anything. Soros should be charged with promoting Anarchy and his US Citizenship should be revoked. Action should be taken against this man and soon URL: https://petitions.whitehouse.gov/petition/revoke-citizenship-george-soros

    Reply
  5. Margaret Silva   Thursday, February 9, 2017 at 11:59 PM

    The opposition is the New domestic Terrorists ruled by Activists Judges. For sure an EO from the President should Obey for security and safe of the American people expecial with immigration that terrorists can infiltrated the country wend travel from other countries that don’t have register in the people to verify who they’re or came from . And they are know to have training camp for terrorists tactics. The interest of opposition is to destroy America it’s so sad!
    God Bless America and the President

    Reply
  6. Vicki   Tuesday, February 7, 2017 at 11:20 PM

    Is all this just a personal dislike of Donald Trump? Would there be all the protests and accusations if a different republican had been elected.

    Reply
  7. Charles mccroskey   Tuesday, February 7, 2017 at 7:01 PM

    No way should a judge be able to over ride a presidents decision!!!! Our country needs to tighten up security.Trump is doing this for the safety of the American people.Its time we stood behind his decision.

    Reply
  8. Robert Porrazzo   Sunday, February 5, 2017 at 10:19 AM

    Total irresponsibility on behalf of an ACTIVIST JUDGE backed by globalist GEORGE W BUSH and who has supposedly said BLACK LIVES MATTER

    Reply
    1. Sharon Rondeau   Sunday, February 5, 2017 at 10:50 AM

      Yes, he did say that: http://www.thestranger.com/slog/2016/08/24/24504137/watch-federal-judge-james-robarts-powerful-black-lives-matter-declaration

      To be absolutely clear, The Post & Email takes the position that all lives matter and wishes no harm to come to anyone under any circumstances.

      Reply
  9. Scott   Sunday, February 5, 2017 at 8:14 AM

    This is not politically popular but it is within the presidents power.

    Reply
  10. Robert Laity   Sunday, February 5, 2017 at 7:27 AM

    Nothing in the law gives more deference to the USDC in Washington State which ruled against the travel ban versus the USDC in Boston that ruled it to be lawful. US District Court Authority to issue orders outside of their own geographical/jurisdictional venues that effect the nation at large are an over stretch of their respective jurisdiction. Only the Supreme Court should be able to issue Nationwide decisions. For example: The Circuit Court of Appeals for the Federal Circuit has Nationwide jurisdiction only in SELECTED cases. District courts are part of their respective geographical jurisdictional Circuits. Their rulings do not control outside their circuits. They may be proferred to courts outside their circuits but a 2nd Circuit precedent in the 9th Circuit does not control, for example. What a circuit court of appeals decides controls only in their respective circuit venue.There are 13 Circuit Courts of Appeals. When there is disagreement between circuits the Supreme Court must decide what the law is. Trump is well within his authority under 8USC, Sec. 1182 to exclude ALL non-citizen aliens who may pose a threat, from the USA for whatever period of time he so desires.

    Reply
  11. Jeffrey Harrison   Saturday, February 4, 2017 at 8:10 PM

    We are living in a time when common sense and the law are inverted. On the immigration issue,
    my chips are on TRUMP. When brawling against “The Donald” is it a fair fight?

    Sharon, thanks for your excellent homework/report.

    Reply
  12. Gary Wilmott   Saturday, February 4, 2017 at 8:08 PM

    An absolutely IRRESPONSIBLE POLITICAL DECISION. For a better explanation than I can possibly provide just read this article at American Thinker based on facts, the law and common sense:
    http://www.americanthinker.com/blog/2017/02/muslim_ban_injunction_is_a_judicial_coup_against_president_trump.html

    This asinine decision by a Bush appointee no less only emboldens the anarchists and the loony left. Expect to see more and more push back against ANYTHING Trump does. The opposition has become the enemy of America.

    Reply

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