https://a4cgr.wordpress.com/2017/03/17/06-1148/



*Judge Considers Ordering President Donald Trump to Double 50,000 Refugee
Inflow to the United States*

March 17, 2017

*Neil Munro*

*3/17/2017*

*Source …..*
<http://www.breitbart.com/big-government/2017/03/16/judge-considers-ordering-50000-refugees/>

[image: Description:
https://a4cgr.files.wordpress.com/2017/03/refugee-protesters.jpg?w=600&h=450]
<https://a4cgr.files.wordpress.com/2017/03/refugee-protesters.jpg>

A federal District Court judge in Maryland is considering whether he should
order President Donald Trump to double the annual inflow of refugees up to
100,000 per year.

Any demand by the judge that the federal government airbus an extra 50,000
migrants — including many adherents of Islam’s sharia legal system — into
American neighborhoods would be an unusual intervention into government
roles normally left to the elected President and Congress.

If actually implemented, the judge’s plan also would be extremely expensive
for Americans, because state and local communities subsidize each new
immigrant with roughly $1,600 each per year
<http://www.breitbart.com/big-government/2017/02/19/refugees-will-cost-taxpayers-an-estimated-4-billion-in-fy-2017/>
for decades.

The judge revealed his proposal in a footnote in his March 15 decision
<https://assets.documentcloud.org/documents/3518169/Read-the-federal-judge-s-ruling-in-Md-on-Trump-s.pdf>
where he denounced Trump’s reformist Executive Orders, which sharply curbs
the inflow of refugees from war-torn Islamic countries. The judge’s
footnote declared:

On February 22, 2017, Plaintiffs filed a Motion for a Preliminary
Injunction of S 5(d) of the Executive Order, ECF No. 64, requesting that
the Court enjoin a specific provision of the First Executive Order. With
the agreement of the parties, the Court set a briefing and hearing schedule
extending to March 28, 2017. The Court will resolve that Motion, which the
parties have agreed should be construed to apply to the successor provision
of the Second Executive Order, in accordance with the previously
established schedule.

The language targeted by the judge is in Trump’s first version of the
Executive Order, the Jan. 27 E.O. 13769
<https://upload.wikimedia.org/wikipedia/commons/4/40/Executive_Order_13769.pdf>,
“Protecting the Nation From Foreign Terrorist Entry Into the United
States.” The language announced the government’s intention to halve the
annual inflow of refugees from the 100,000 level sought by former President
Barack Obama, who frequently derided Americans for getting “attached to our
particular tribe
<http://www.breitbart.com/big-government/2016/01/12/2763409/>.”

According to Section 5 of Trump’s January E.O.:

(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby
proclaim that the entry of more than 50,000 refugees in fiscal year 2017
would be detrimental to the interests of the United States, and thus
suspend any such entry until such time as I determine that additional
admissions would be in the national interest.

Similar language appears in Section 6(b) of the upgraded March 6 E.O. 13780
<https://upload.wikimedia.org/wikipedia/commons/7/7b/Executive_Order_13780.pdf>,
also titled “Protecting the Nation From Foreign Terrorist Entry Into the
United States.”

(b) Pursuant to section 212(f)
<https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html>
of the INA, I hereby proclaim that the entry of more than 50,000 refugees
in fiscal year 2017 would be detrimental to the interests of the United
States, and thus suspend any entries in excess of that number until such
time as I determine that additional entries would be in the national
interest.

The plaintiffs’ request for 100,000 refugees each year was made by lawyers
for the International Refugee Assistance Protect, HIAS Inc., a so-called
“VOLAG” which is paid by federal agencies to import refugees, and by
members of the Middle East Studies Association.

“Judge Chuang’s ruling … leaves the door open for further discussion of our
challenges to the refugee ban, an opening we intend to pursue,” said a
March 15 statement <https://www.hias.org/> from HIAS. “So stay tuned for
more news as our lawsuit continues.”  HIAS received at least $19.5 million
in government grants in 2014, according to its federal 990 form
<https://www.charitynavigator.org/index.cfm?bay=search.irs&ein=135633307>.

HIAS employees did not answer calls and emailed questions from Breitbart.

Trump’s decision to reduce the annual inflow of refugees was promised and
debated during the 2016 campaign. Based on his promise to the voters, Trump
won, much to the distress of progressives. Multiple polls
<http://www.breitbart.com/big-government/2017/01/31/poll-shows-public-support-trump-migration-poicy/>
show Trump’s immigration reforms are popular
<http://www.breitbart.com/big-government/2017/03/03/survey-solid-majority-trump-refugee-reform/>
.

The law cited by Trump, Section 212(f) of the Immigration and
Naturalization Act, gives the President near-complete power over who gets
into the United States, according to a January 2017 report
<https://fas.org/sgp/crs/homesec/R44743.pdf> by Congress’ Congressional
Research Service. The critical language declares, at 8 U.S.C. § 1182 (f)
 that:

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

Section 214(a)(1) of the same law says that the “admission of any alien to
the United States as a nonimmigrant shall be for such time and under such
conditions as [the Executive] may by regulations prescribe.”

The President’s authority over immigration is bolstered by Supreme Court
decisions. For example, the court declared in its 1950 judgment lawsuit,
titled Knauff v. Shaughnessy
<https://supreme.justia.com/cases/federal/us/338/537/>, that “It is not
within the province of any court, unless expressly authorized by
[congressional] law, to review the determination of the political branch of
Government to exclude a given alien.”

In 2015, the Court reasserted that judgment, saying in Kerry v. Din
<https://www.supremecourt.gov/opinions/14pdf/13-1402_e29g.pdf>, that:

Din attempts to bring suit on [her Afghan husband’s] behalf, alleging that
the Government’s denial of her husband’s visa application violated her
constitutional rights… In particular, she claims that the Government denied
her due process of law when, without adequate explanation of the reason for
the visa denial, it deprived her of her constitutional right to live in the
United States with her spouse. There is no such constitutional right.

Already, the law and the Supreme Court’s rulings prompted a judge in
Boston, Mass., to reject another lawsuit
<https://www.scribd.com/document/338353094/Arghavan-Louhghalam-et-al-v-Trump-5#from_embed>
the
Massachusetts’ government against Trump’s E.O. “Therefore, in light of
the“plenary congressional power to make policies and rules for exclusion of
aliens,” … which pursuant to8 U.S.C. § 1182(f), has been delegated to
the President, the Court concludes that the [federal] government’s reasons,
as provided in the EO, are facially legitimate and bona fide,” the judge
declared Feb. 3.




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