More Judicial Tyranny: Maryland Judge May Order Trump to DOUBLE 50,000 Refugee Limit
U.S. District Judge Theodore D. Chuang in federal court in Maryland is considering ordering the federal government to admit all 100,000 so-called refugees into the United States as authorized by former president Barack Hussein Obama despite President Donald J. Trump’s “Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States” issued on March 6, 2017, to be effective March 16, 2017 (the “March 6 E.O.”), which at Section 6(b) limits the entry of refugees to 50,000:
Sec. 6(b) Pursuant to section 212(f) 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.
That language is very similar to that contained in Trumps first, and now revoked, executive order to protect the nation from foreign terrorist entry into the United States, which read at Section 5(d):
5 (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.
On March 15, 2017, Judge Chuang issued “an injunction barring enforcement of Section 2(c),” the so-called travel ban, contained in the March 6 E.O. While the injunction is limited to the travel ban, Judge Chuang’s decision, contains a troubling footnote on page three which reveals that the parties agreed to continue to litigate Section 6(b) of the March 6 E.O.:
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.
That’s right, Judge Chuang may, after the March 28 hearing, decide to substitute his judgment for that of the President of the United States and decide to let in the number of refugees enter the United States that the president who appointed him wanted to admit, a number which the current president has determined “would be detrimental to the interests of the United States.”
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More Judicial Tyranny: Maryland Judge May Order Trump to DOUBLE 50,000 Refugee Limit https://t.co/W9TCGy10R0 by @cayankee
— Caleb Howe (@CalebHowe) March 18, 2017
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