Anticipating that those who want to destroy this country from within and without would, through “lawfare,” challenge President Donald J. Trump’s executive orders on immigration, I would have written a much shorter executive order regarding the seven “problem” countries and Syrian refugees along the following lines:
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PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Immigration and Nationality Act (INA), 8 U.S.C. 1101 et seq., and section 301 of title 3, United States Code, and to protect the American people from terrorist attacks by foreign nationals admitted to the United States, it is hereby ordered as follows:
- Section 212(f) of the INA, 8 U.S.C. 1182(f), 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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
- By the power vested in the Office of the President by section 212(f) of the INA, 8 U.S.C. 1182(f) I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), namely Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen, would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).
- By the power vested in the Office of the President by section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the U.S. Refugee Admissions Program to ensure that admission of Syrian refugees is consistent with the national interest.
DONALD J. TRUMP
THE WHITE HOUSE,
January 27 in the year of our Lord 2017.
After issuing this shorter, issue-framing Executive Order, then I would have drafted a second, and perhaps several, short Executive Orders on narrow issues easily digestible by the public and our liberal judges and justices.
What the District Court in Washington state did, and what the Ninth Circuit justices did, brought these articles to mind:
Daniel J. Schultz graduated from the United States Military Academy in 1978 and served as an Army Human Intelligence Officer. He now practices law. He has been a Republican Party precinct committeeman since 2007 and was a co-winner of the Conservative HQ Liberty Prize based on his e-book Taking Back Your Government: The Neighborhood Precinct Committeeman Strategy. State-specific and other information relating to The Neighborhood Precinct Committeeman Strategy can be found at http://precinctproject.us and http://theprecinctproject.wordpress.com. Mr. Schultz can be reached at firstname.lastname@example.org