President Trump’s executive order that effectively banned Muslims and legal residents holding a green card from entering the US from selected Middle-eastern countries prompted a second wave of massive protests at airports across the country over the weekend. It also sparked a bill from Congressman Lou Correa (D-46) to stop Trump’s mean-spirited and unconstitutional order.
From Congressman Correa’s office:
Rep. Correa announces legislation to protect dreamers, immigrants, and refugees
Los Angeles, C.A. – Yesterday Congressman Lou Correa travelled to Los Angeles International Airport to meet with the detainees and help in their release. Upon returning to Washington D.C., Congressman Correa, a member of the House Committee on Homeland Security, will ensure due process under our Constitution is respected by introduce legislation to fund legal aid for immigrants, DREAMers, and refugees targeted by President Trump’s Executive Orders.
Congressman Correa said, “These Executive Orders directly challenge the right to due process guaranteed under our Constitution. The inscription on the Statue of Liberty declares to the world that the United States will shelter refugees in search of liberty. My legislation will guarantee DREAMers, immigrants, and refugees have the resources they need to fight for due process, and breathe free.”
If you’re looking for an outstanding piece on why this executive order is so terrible and unconstitutional, go no further than Monday’s LA Times opinion pages with this op-ed by Dr. Erwin Chemerinsky of UCI Law School. From the piece:
On Saturday night, a federal judge in New York issued a temporary stay, allowing green card or visa holders detained at airports to enter the country. The judge declared that the challengers have a “strong likelihood” of prevailing in showing that Trump’s order violates due process and equal protection.
To start, it’s illegal to bar individuals from entering the country based on nationality. The Immigration and Nationality Act of 1965 explicitly says that no person can be “discriminated against in the issuance of an immigrant visa because of the person’s race, sex, nationality, place of birth or place of residence.” This act was adopted to eliminate the prior practice of immigration quotas from specific countries. Indeed, in signing the legislation, President Lyndon Johnson said that “the harsh injustice” of the national-origins quota system had been “abolished.”
Absent a specific authorization by Congress, the government cannot discriminate based on nationality or place of residence, which is exactly what Trump ordered.
Trump supporters point to an earlier law, adopted in 1952, that allows the president to “suspend the entry” of “any class of aliens” that he finds are detrimental to the interest of the United States. But that was superseded by the 1965 statute. Besides, the 1952 law does not allow the president to remove those who are lawfully present (such as visa holders at airports).
Furthermore, Trump’s order unconstitutionally discriminates on the basis of religion. Under the 1st Amendment, the government may not favor one religion over others.
There’s also discussion among Trump supporters that the President’s actions are no different than bans advocated by President Obama and President Carter. We have to turn to the UK for this excellent article in The Mirror on why this isn’t the case at all. You’re going to have to click through and read the story yourself to see why and how.
The people being detained at LAX don’t appear to be a threat or a terrorist; an elderly woman was handcuffed and denied a wheelchair. An old man was detained for hours. Is the child below a threat to anyone?
The post that broke my heart comes from Noor Kurdi, the wife of this blog’s former lawyer Todd Gallinger. Noor is an attorney herself and posted this on Facebook:
“There’s a mother of four young children with stage 4 breast cancer being detained at LAX. She has been in custody for 7 hours. Her children are waiting for her. Do any of you feel safer bc this woman is being interrogated?”
She updated the post to let her friends know that the woman had been released. Who cared for her kids while she was being interrogated?
For Republicans in OC who back this president, you own this too. Shame on you.