The question of law is does the President under the Constitution have the authority to impose a 90-day embargo on immigration? President Donald Trump appealed the injunction against his visa executive order by Washington State Federal Justice Robart issued by a federal judge in Washington State. A panel of the 9th Circuit Court of Appeals refused to rescind the injunction on an emergency basis. Every President has full freedom to protect the homeland the presidential authority comes from Section 212 F of the Immigration and Nationality Act of 1952. These seven nations were identified in 2015 in a law passed by Congress and President Barack Obama used the law to prohibit entry of certain individuals whose entry would be contrary to American national interests.
Many President’s has exercised this law and the actions were never ruled illegal. It is the President’s right in his power to exclude people who may cause harm to the populous of this country. The President has in his foreign affairs power the ability to do this. That power has never been successfully challenged granted by the Constitution that gives the President the authority to protect the American people. The President has the authority to protect the American people from foreign nationals; Judge Robart issued an emergency Temporary Restraining Order on the grounds the states of Washington and Minnesota would suffer irreparable harm. There is no explanation what damage they will suffer. The President does have the authority to apply extra vetting measures to travelers coming into the country.
President Trump has taken bold move to make the world safe citing national security concerns. He is not defying the injunction. Mr. Trump ordered his Justice Department immediately to appeal, which the courts will hear on Monday. The injunction is too broad in scope and lacks gradation. These seven countries have no right to receive a visa and we have the right to determine who enters our sovereignty. This matter will be appealed to the Supreme Court if monday proves unsuccessful.
We may have to live with the vagueness resulting from this Executive Order, and an ambiguous injunction against that order. The protests in the people in the street have tar and feathered the Executive Order with little understanding of it.