Travel Ban Arguments Heard in U.S. Federal Appeals Court — The Beltway Times

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A U.S. federal appeals court will hear arguments on President Trump’s travel ban on Tuesday. This hearing might reinstate the ban, which was issued on Friday by U.S. District Senior Judge James Robart.

How Can a Federal Judge Usurp a President’s Executive Order?

The Judge Robart cited Article III of the Constitution, which allows the federal court to interpret the Constitution. This potentially gives a federal judge the ability to declare an executive order unconstitutional.

What Powers Does the President Have on Immigration?

The Immigration and Nationality Act, in section 212(f) states:

“(f) 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.”

The case will likely go to the Supreme Court for a final ruling, but the restraining order that Robart issued is temporary, which typically lasts 14 days. President Trump’s concern is that during this time, those who wish to commit domestic acts of terrorism might come into the country.

As he promised throughout his campaign, President Trump stated that the U.S. is too predictable with foreign policy by announcing plans early. In his April, foreign policy speech, he said “And then there’s ISIS. I have a simple message for them. Their days are numbered. I won’t tell them where and I won’t tell them how. We must as a nation be more unpredictable. We are totally predictable. We tell everything.” The abruptness of the travel ban is reflective of his campaign promises.

President Trump has tweeted about his concerns about terrorists using this restraining order as an opportunity to enter the U.S., but he is confident that the order will be overturned.