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Laws and oaths: Making the case for why POTUS Trump should IGNORE Fed judge’s asylum ruling

(National SentinelConflicted: Because the presidents who nominate them are political, federal judges who are appointed to the bench are political as well, which is why our country gets so many rulings from courts that conflict — or appear to conflict — with U.S. law.

We got another one on Monday: A federal judge in California, appointed to the bench by President Obama, ruled that POTUS Donald Trump has no authority to issue an executive order changing asylum rules that are clearly being abused by hordes of migrants.

The Associated Press reported:

…U.S. District Judge Jon Tigar agreed with legal groups that immediately sued, arguing that U.S. immigration law clearly allows someone to seek asylum even if they enter the country between official ports of entry and temporarily barred the ruling from going into place while the case is heard.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Tigar, a nominee of former President Barack Obama.

Except, of course, when Obama changed immigration law by claiming authority to stop the deportation process for so-called “Dreamers.”

Regarding the “scope” of POTUS Trump’s authority, the president issued his order under the guise of national security and as such it is not reviewable by a federal court. Tigar overstepped his bounds and very clearly when he chose to rule on such matters.

It was the same when Left-wing judicial activists in the 9th Circuit struck down POTUS Trump’s executive orders banning travel to the U.S. from certain countries known to be harbors of terrorism, and the Supreme Court eventually upheld his authority because it is enshrined in U.S. law.

While Tigar may be technically correct in terms of how he is interpreting one law, there are at least two others — the Immigration and Nationality Act of 1954, duly passed by Congress and signed into law, and the National Emergency Act — that authorize POTUS Trump to issue his asylum order.




Section 212(f) of the Immigration and Nationality Act of 1952 states: “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 [emphasis added].”

As to a president’s authority under existing national security provisions, in the 1970s Congress passed the National Emergencies Act, which attempted to define at least some of the president’s authorities to respond to unorthodox and potentially dangerous situations as he deems necessary.

The United States Code (Title 42, Chapter 68, Subchapter I, §5122), defines emergency as follows:

Emergency means any occasion or instance for which, in the determination of the President, Federal assistance is needed to supplement State and local efforts and capabilities to save lives and to protect property and public health and safety, or to lessen or avert the threat of a catastrophe in any part of the United States.”

Duhaime’s Law Dictionary further describes a national emergency as: “A situation beyond the ordinary which threatens the health or safety of citizens and which cannot be properly addressed by the use of other law.”

If thousands of migrants arriving at our southwestern border, many with intent to break our immigration laws by entering our country illegally, perhaps en masse, does not constitution an “occasion” that threatens to endanger “property, public health, and safety” of Americans, then nothing does.

POTUS Trump and his advisers are right again, as usual, and another politicized federal judge is wrong because he’s cherry-picking statutory law while ignoring the president’s broad Article II powers under the Constitution and other existing laws to protect and defend the borders of our country.

Granted, Article III in the Constitution gives federal courts the authority to interpret the Constitution and whether federal laws or executive actions fall within the Constitution’s limitations. But it also requires federal judges to swear an allegiance to the Constitution and faithfully uphold it; clearly, in the eyes of constitutionalists, Tigar is not.

There is also this: Federal courts have no mechanisms in place to actually enforce their decisions. They can issue rulings but the Executive Branch has to ensure the decisions are carried out.

What if POTUS Trump simply refuses to carry out Tigar’s order? Well, the Left would scream bloody murder and claim such an action proves President Trump is a “tyrant.”

Really? So when Obama ignored the Constitution to change immigration laws for so-called “Dreamers,” that wasn’t tyrannical or illegal?

And how about all of the Left-wing cities that are currently ignoring federal courts and federal immigration laws by creating “sanctuaries” for illegal aliens? Or by passing laws legalizing the recreational use of marijuana though it remains a violation of federal drug laws?

The Left has no moral case to make here because the Left has been ignoring federal courts and U.S. law for years.

If POTUS Trump wants to stick to his pledge to uphold the Constitution while faithfully executing all of the laws of our country, he should ignore this federal court ruling he knows is a violation of that oath, as he attempts to protect our country under national emergency statutes.

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Nationalist Obliged Friend (@ObligedFriend)
Guest

Naturalization means immigrants and citizens must be the same kindred and natural kind. All so called naturalization acts and amendments since Reconstruction are really denaturalization acts and amendments.

Congress illegally denaturalized the USA. UnKindred means UnNatural.

Can’t anyone read a Middle English Dictionary or Shakespeare to know what natural means!

Nationalist Obliged Friend (@ObligedFriend)
Guest

Congress must comply with Art1 Sec8 Clause4 in the Constitution. All naturalization acts and citizenship amendments since Reconstruction violate Art1 Sec8.

UnKindred Immigrants and citizens violate the Constitution. Even Obama was born unkindred.

All of y’all have no clue what Naturalization and Natural Born really means.

A few clues can be found Federalist 14 and 2.

“The same kindred blood flows in the veins of American citizens”

“Descended from the same ancestors” Jefferson penned in the Declaration “our common kindred”

“Were all thy children kind and natural?” Shakespeare

“Yearnings to be with her own natural kind” Wordsworth

ebenezeer Jones
Guest
ebenezeer Jones

Ignore the district court ruling until the Supreme Court makes a ruling

desertspeaks
Guest
desertspeaks

Judge Tigar is obviously violation his oath of office, which under 18 USC 1001 is a felony for which he can be disbarred, impeached and imprisoned..
It could also be argued that tigar is committing treason, for which, one of the penalties is still hanging.

James Higginbotham
Guest

the President needs to STOP PLAYING TAG TEAM WITH ALL THOSE COMMUNIST JUDGES AND THEIR UNCONSTITUTIONAL RULINGS AGAINST OUR REPUBLIC AND WE THE PEOPLE.
he is also THE COMMANDER IN CHIEF, AND HIS FIRST DUTY IS TO PROTECT THE CONSTITUTION AND OUR BORDERS FROM INVASION.
and that’s what this IS AN INVASION.
HE NEEDS TO IGNORE ALL THOSE JUDGES AND IF ANYTHING HAVE THEM ARRESTED FOR TREASON AND SEDITION AGAINST OUR REPUBLIC, AND WE THE PEOPLE.

.

jimmy matho
Guest

all it will take is a modern lexington and america with engage in a brutal uprising of Patriots who had enough of the lawless leftist globalists who have hijacked our Republic.
MAGA
Death to Globalist Leftist trash!!!!!

jimmy matho
Guest

the founding fathers would have burned down the SF courthouse after this lawless dangerous ruling.

David Jenson
Guest
David Jenson

Trump should ignore this hack judge and his nefarious ruling. Show the judge the “Trump” card!

Kenneth M. Langdale Jr.
Guest
Kenneth M. Langdale Jr.

I read elsewhere that this judge was an Independent appointed by President Reagan???

Defeat_Liberalism
Guest
Defeat_Liberalism

This is the best article I have seen on this subject! Spread this to your friends please!

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