Monday, January 30, 2017

8 U.S. Code § 1182 Gives President the Power to Stop or Suspend Classes of People From Entering the United States Under Certain Conditions: Trump Administration’s Interpretation Will Probably Have to Undergo Court Test

It appears that President Trump’s 90-day travel ban Executive Order is based in part on a federal law-- 8 U.S. Code § 1182 which is titled  “Inadmissible Aliens.”  The part of the federal law being discussed is in Section 3 of that code.

It’s an open question as to whether this federal law can be applied to what President Trump wants to do.  Detecting someone who might be a terrorist simply because they’re from a country that has known terror affiliates in their territory may not pass Constitutional muster.  The courts will have to determine it.

The link above leads to the law in question.  Here is the link to President Trump’s Executive Order.

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