IRLI Statement on Restraining Order Against the President's Executive Order to Protect the Homeland

October 19, 2017

Ensuring the safety and security of our communities

 

WASHINGTON - The Immigration Reform Law Institute (IRLI) has issued the following statement regarding the Honolulu-based U.S. District Court's decision in State of Hawaii v. Trump, concerning the Trump administration's executive order (EO) restricting travel to the United States from select countries that pose a threat to national security.

 

"This ruling is the latest chapter in an ongoing misinterpretation of the Constitution that has the potential for disastrous results," said Dale L. Wilcox, IRLI's executive director and general counsel. "The idea that a district court judge would limit the ability of the chief executive to exercise his Constitutional authority to safeguard national security is deeply troubling. It is in the best interests of the nation that this misuse of judicial authority be reversed on appeal."

 

U.S. District Court Judge Derrick Watson blocked the administration's second executive order in March and granted a temporary restraining order against a third version on Oct. 17.

 

In March of this year, IRLI filed a friend-of-the-court brief in State of Hawaii v. Trump, urging the court to deny the plaintiff's request for a temporary restraining order. IRLI showed the court that the plaintiffs not only grossly misunderstand immigration law, but their complaint is based on deep historical illiteracy and a serious disrespect for the sovereignty of the American nation.

 

IRLI called the court's attention to several distinct provisions of the Immigration and Nationality Act (INA) that authorize the President to implement the EO.

 

Hawaii has alleged that the EO violates, among other things, the U.S. Constitution's Establishment Clause by disfavoring Islam, the Equal Protection Clause by discriminating on the basis of religion and/or national origin, nationality, or alienage, and the Immigration and Nationality Act by discriminating based on national origin.

 

The President issued the first order in January with the aim to restrict travel into the United States from seven countries deemed threats to national security: Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. The list of countries has changed in two revisions; another change is a provision that the order would not affect those who already hold visas or green cards.

 

For additional information, contact: Brian Lonergan • 202-232-5590 • blonergan@irli.org

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