Feb 9, 2017

The Travel Ban: A Judge, A President, and American Safety

One of the first things President Trump did when he entered office was to sign a travel ban on Muslims from certain countries.  Immediately Democrats and others began to cry foul.  It was followed by people from around the world criticizing the order.   Trump had stated when running for office that he felt like we needed a better system to ensure those meaning to harm U.S. citizens can not easily get into our nation.  He made the promise to look into it.  Once he was in office, as President he would naturally learn information not known by most Americans.  He now holds some of the nation's most secret intelligence reports from around the world in his hands daily.  He has to make decisions- some will be popular, and some will be unpopular such as the travel ban.

Travel bans are nothing new.  The modern media may want to make everyone feel like Trump is being a "real mean guy" and putting out the torch of liberty here in the U.S., but the truth is almost all of Trump's predecessors have done it.  In fact, Obama did it, Bush did it, Clinton did it, Bush Sr. did it, Reagan did it, Carter did it, and that list extends clear back to World War II when travel bans were put in place stopping Japanese, Germans and Italians from entering the United States.  The media seems to forget all about those travel bans because they sure treat Trump as if he is the first to ever issue one!

Fast forward a few days and suddenly a judge puts a halt on Trump's order.....now let that soak in for a moment.  Think long and hard about this.....a federal judge put a halt on the President's order for a travel ban....are you realizing the dangers of what just happened?  A federal judge who has no information from the CIA, the FBI, Homeland Security, and that federal judge has no daily security briefings on intelligence that has been gathered - some of it hours or even minutes old - that the President does have; however, that judge was able to halt the President's order.  This has been unheard of in the past - nobody challenged any of the previous President's on their travel bans.  Why would a judge who is ignorant to security briefings  - because that judge is certainly not involved in security briefings at the White House - halt the travel ban?  Keep in mind that judicial review of Executive Orders is part of the system, but no travel bans have been overruled in the past because the President issuing a travel ban is supported by the law.

To make matters worse, an appeals court has now refused to reinstate the President's order.  Again, why are we even having this argument?  Why is any court or judge overruling the President of the United States when it comes to American's safety?  As much as Republicans often disagreed with Obama's Executive Orders, never once was a judge called on to overrule one regarding travel - and had it been done, it would have had to go to trial and be reviewed before it was simply stopped.  Even if we disagree with an Executive Order, we have to assume that the President has some information that we do not have or have not seen.   With an appeals court now refusing to reinstate the President's order, we have crossed into a dangerous area where those who do not have information, an understanding of the full scope of the situation, and who apparently can only be making their judgements regarding travel based on what the media is telling them are in a position to overrule a President.

Whether you agree with the travel ban or not, this overruling of the ban has been handled in the worst possible manner and has not set up a situation where all American's are at risk.  If a President can not enforce Executive Orders on travel based on intelligence he or she has access to without someone overruling it with no access to the intelligence, we have put all Americans at the mercy of uninformed judges who may know the law and have good intentions, but have no clue as to what information may have prompted a decision.  These will be dangerous times - Trump has vowed to fight the failure to reinstate the order, as well he should - the fact is even if this was President Obama and an order we did not agree with, no judge should be halting it when it comes to the potential safety of American lives without a lengthy, and proper judicial review or review by Congress.

Immigration and Nationality Act: Section 212(f) "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."

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