More Judicial Tyranny: Maryland Judge May Order Trump to DOUBLE 50,000 Refugee Limit

81

These activist judges are determined to stop President Trump from protecting Americans. They don’t care how many violent jihadis come in to the United States as “refugees.” They don’t care how many Americans die. This anti-American judicial tyranny has to be stopped.

“More Judicial Tyranny: Maryland Judge May Order Trump to DOUBLE 50,000 Refugee Limit,” by Dan Spencer, RedState, March 17, 2017 (thanks to Patrick):

U.S. District Judge Theodore D. Chuang in federal court in Maryland is considering ordering the federal government to admit all 100,000 so-called refugees into the United States as authorized by former president Barack Hussein Obama despite President Donald J. Trump’s “Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States” issued on March 6, 2017, to be effective March 16, 2017 (the “March 6 E.O.”), which at Section 6(b) limits the entry of refugees to 50,000:

Sec. 6(b)  Pursuant to section 212(f) of the INA, I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any entries in excess of that number until such time as I determine that additional entries would be in the national interest.

That language is very similar to that contained in Trumps first, and now revoked, executive order to protect the nation from foreign terrorist entry into the United States, which read at Section 5(d):

5 (d)  Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.

On March 15, 2017, Judge Chuang issued “an injunction barring enforcement of Section 2(c),” the so-called travel ban, contained in the March 6 E.O. While the injunction is limited to the travel ban, Judge Chuang’s decision, contains a troubling footnote on page three which reveals that the parties agreed to continue to litigate Section 6(b) of the March 6 E.O.:

On February 22, 2017, Plaintiffs filed a Motion for a Preliminary Injunction of S 5(d) of the Executive Order, ECF No. 64, requesting that the Court enjoin a specific provision of the First Executive Order. With the agreement of the parties, the Court set a briefing and hearing schedule extending to March 28, 2017. The Court will resolve that Motion, which the parties have agreed should be construed to apply to the successor provision of the Second Executive Order, in accordance with the previously established schedule.

That’s right, Judge Chuang may, after the March 28 hearing, decide to substitute his judgment for that of the President of the United States and decide to let in the number of refugees enter the United States that the president who appointed him wanted to admit, a number which the current president has determined “would be detrimental to the interests of the United States.”

President Trump is well within in his authority here. The law cited by cited in the March 6 E.O., Section 212(f) of the Immigration and Naturalization Act, gives the President a great deal of authority to decide who is allowed to enter the United 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…

  • Michael Lang

    He can’t order any such thing. Beyond his powers.

  • Debbie

    If he issued such an order Trump would be an idiot to follow it. The judge has no such authority.

    • bob434

      Trump ‘should have’ ignored the 9’th circuit court’s rule- he didn’t- He chose to obey it- much to the dismay of many- We’ll see what he does this time- hopefully he will ignore it-

    • tatka150

      If the President have no power to implement his orders, why do we need him? I hope Trump’s team has some clue about the Immigration and Naturalization Law of 1952. It prohibit pissslam in USA. Period.

    • knightsstrength

      Who runs the country the man elected by the people or one of the court

      • Steve

        Apparently he thinks he does or at least he is attempting to see if it will fly. These obstructionists need to be dealt with severely. In no small sense he is mocking our system of government with his stupidity in what can be taken as promotion of insurrection. He needs to be dismissed if possible.

        • knightsstrength

          Prefer to be arrested and taken away never heard of for a long time

    • Steve

      These activist judges are continuing in the obstructionist leftist mode trying to demean the President. Their shadow government goal is to create disrespect and anarchy and very likely keep their cut of some deal. I’ll bet there’s a lot of income lost or likely to be lost to judges like this in some way related to the ongoing budget cuts.

    • Robert Kahlcke

      It would be an illegal order, this Idiot should be impeached forthwith.

  • Buckeye Ken

    May is the key word. Ping us if he actually does it.

  • putupjob

    if this so called order is issued, it just has to be ignored.

  • Rocinante44

    it’s time for a constitutional showdown. can a president order his executive branch to ignore a federal judge? sure, one third of the federal govt cannot tell the other third what to do. let’s see if trump’s people have a pair and tell this obola hack to go stuff himself

    • tatka150

      Rat obozo ignored all the orders and laws and did what he wanted all 8 yrs, Continues to do his crimes even now. Trump wants to defend the citizens of US and some pricks are on his way”??!!! Something is terrible wrong in our household. These “judges/islamists” must be impeached, so other rats will think twice next time.

      • Joy Daniels Brower

        Frankly, LYNCHED is a more just punishment! In fact, hire some “poor refugees” to do the dirty. Now, THAT would be justice! The judge is totally out of control – and, in fact, presents a “clear & present danger” to every USA citizen!

  • Pray Hard

    These dogsh*t judges are simply creating future work for themselves and the other legal psychophants who survive off of the “justice system”. What they don’t get is that moslems will cut their throats also.

    • katzkiner

      Americans may beat the muslims to it.

    • tatka150

      I’m sure they have security guards. And we don’t.

  • Hook

    Looks like an Asian telling Americans to let in Arabs

  • Frankly
  • AR154U☑ᵀʳᵘᵐᵖ DEPLORABLE 2020

    Cut ALL Federal funding to placement of ‘refugees’,…. that usually ends any argument ,… if Governors’ of ‘Blue’ States want their residents to pay,… well, we will see if that State stays ‘Blue’ next election cycle !!!
    https://uploads.disquscdn.com/images/362d599c3d5ba62c892c50340d5165cb518a670a4837a04daa85b9ec2ccec1a7.jpg

    • Steve

      This is too sick. Their countries must be telling these muslamics to go to the United States who will pay their way while they get trained at local mosques to be terrorists.

  • Michael Caruthers

    Arrest the law breaker, and all his cohorts. Quite simple.

  • Mahou Shoujo

    Since when does a judge set American foreign policy overriding the President and Congress? Why are these criminal usurpers of the legal rights of the elected representatives of the people not removed from office and jailed for criminal conspiracy? Sooner or later a few criminal despots will have to be made examples of. Start with this one.

    • Doe Chow Feng We Lau

      Sessions should be unleashed on them in full fury mode.

      • Joy Daniels Brower

        You’re right! Eric “The Red” Holder would have been on his case IMMEDIATELY!! (That is, if the Judge had upheld an E.O. from Bush!)

      • AmandaTrebiano

        FN A RIGHT

  • AlgorithmicAnalyst

    Something needs to be done about leftist judicial activism.

    • Craig

      Congress has the power, but they do not have a drop of testosterone in the entire congress.

      • katzkiner

        Congress resents President Trump for not being a career politician.
        Democrat or Republican, https://uploads.disquscdn.com/images/a29aea31bf4c5cf6037e0a6d23a24339097871b0b1c8c683f936789ec81267d0.jpg they will hang him out to dry at every opportunity.
        The people who elected him had better mobilize.

        • tatka150

          Shame!

        • Steve

          The shot of the police “sun glasses and cellphones” is the picture worth a 1000 words. Too bad the reality of many of them does not do justice to the good ones. The stand down mayors and chiefs of these sanctuaries need to go fast.

  • Fern

    Funny how we never see any Asians involved in thr anti-jihad movement. This twerp here needs a good beating.

    • Marlowe

      Maybe Michelle Malkin a little bit. Agree on the beating part.

    • Lock ’em up!

      Can citizens file criminal charges against them?

  • AR154U☑ᵀʳᵘᵐᵖ DEPLORABLE 2020

    First Amendment controversy brews over Texas high school’s prayer room
    http://www.foxnews.com/us/2017/03/19/first-amendment-controversy-brews-over-texas-high-schools-prayer-room.html

  • AR154U☑ᵀʳᵘᵐᵖ DEPLORABLE 2020
  • Craig

    These “judges” are grabbing power they do not have. IMMIGRATION IS A MATTER FOR THE PRESIDENT U.S.C 8, 1182. If the congress had ANY balls, they would be withdrawing these federal judges, as is their right and power to do so.
    All it takes for evil to prevail, is for good men to do nothing.
    democrats are the enemy.

  • felix1999

    He has NO LEGAL authority to do this.
    Trump is being patient… He needs Gorsuch on the Supreme Court to END the judicial madness.

    Someone needs to STEP UP and IMPEACH these liberal, lawless judges. Why isn’t that happening?

  • plusaf

    Hey, guys, no problemo…. Just have Donald Trump specify that all the additional refugees MUST be delivered to Maryland AND that none be permitted to move out of the State!

    Problem solved!

    You’re welcome!

    • harbidoll

      Maryland is where DC’ers sleep.,commute

  • katzkiner

    When was the last time a federal judge was tared & feathered?

  • Christian Abel

    Trump: Judge, you are FIRED.

  • Hardrock

    With these judges suspending Trump’s travel ban, I think what needs to be done is this. Should any of these new to America immigrants or refugees kill any American citizens, like they are killing the French. Then these judges should be taken to the site of the slaughter, held by the hair on the back of their heads and have their faces rubbed vigorously into the blood and guts. Following that they can be put before the victims family and explain why they allowed terrorists to enter the country.

    • tatka150

      It’s wouldn’t help the victims and their families. Trump must stop this madness one way or another.

      • Hardrock

        The action is not designed to help the victims or their families, that by the very fact that there are victims demonstrates that reality, as it’s too late to offer any aid. The action is designed to prevent more of the same, with the introduction of the consequences of their suspension, to the judges, who are involved but are distant from the reality of their involvement. They chose to become involved, they wish to abandon all safety protocols that would benefit Americans, then if they are in for a penny they must be in for a pound. Really, how many times do you think this would need to be done before judges stopped doing this? I agree Trump must stop it, how? If it were so easy then why has this been going on and is expanding to more judges? My idea has one ingredient that I like, IMPACT, believe me it would only have to be done ONCE.

  • Lynn D

    A Judge exceeding his authority and dictating to the POTUS what he thinks (prompted by Obama) the amount of economic deadbeat, low IQ, Never assimilate, hate Westerners,possible murdering muslims should be allowed into the country.. I THINK NOT!!! This imbecile needs to be squashed like a bug

  • harbidoll

    but it will take time & $ to shut him up.

  • knightsstrength

    Mystery assassinations required of judges

  • knightsstrength

    Tired of the circus clowns, time to use the Patriot Act and remove many for treason

    https://en.m.wikipedia.org/wiki/Patriot_Act

  • AlgorithmicAnalyst

    Welcoming Muslims into USA, like the Aztecs welcomed the Spanish Conquistadors.

  • Steve

    The DOJ and the President need to rope in these stray judges who are making a mockery of the legal system. They are trying to make law more each day in a never-intended role. The ball-less congress needs to get aboard and reenact laws to put these enablers in their place. At least its matter of principle and at best they must stop these rogue judges on leftists leashes from attacking on command.

  • enubus

    Time for Congress to belly up to the bar and start impeachment proceedings against these radical leftist judges. THat moron has no authority to compel President Trump to carry out an executive order by the idiot president and traitor Obozo the Lesser.

  • Tonya Parnell

    GOOD, SEND EVERY ONE TO MARYLAND AND HAWAII

  • Drew the Infidel

    The Constitution gives absolute authority on who come and goes into this country to the Executive branch (the President) of government, not the Judicial branch (the courts). The judicial branch is only charged with interpreting the laws passed by the Legislative branch (Congress) and cannot prescribe ANY course of action for the President. That this judge knows so little about his constitutional duties should be a red flag for all of us.

  • tn_tea _ partyer_420

    Why can’t why can’t we impeach these idiots?

  • On March 15, 2017, in regard to the 3 Judge Panel of the 9th Circuit that overstepped their bounds,
    Circuit Judge Jay Bybee of Las Vegas,
    one of 44 9th Circuit Judges,
    was joined by Circuit Judge Alex Kozinski of Pasadena,
    Circuit Judge Consuelo Callahan of Sacramento,
    Circuit Judge Carlos Bea of San Francisco,
    and Circuit Judge Sandra Ikuta of Pasadena
    in making a dissent that was published on March 15, 2017, at:
    http://cdn.ca9.uscourts.gov/datastore/general/2017/03/15/17-35105%20en%20banc.pdf

    Some basic high points of what Circuit Judge Bybee wrote and other judges so listed joined, include:

    “The exclusion of aliens is a fundamental act of sovereignty.” United States ex rel. Knauff v. Shaughnessy, 338 U.S. 537, 542 (1950); see also Landon v. Plasencia, 459 U.S. 21, 32 (1982).

    Congress has the principal power to control the nation’s borders, a power that follows naturally from its power “[t]o establish an uniform rule of Naturalization,” U.S. Const. art. I, § 8, cl. 4, and from its authority to “regulate Commerce with foreign Nations,” id. art. I, § 8, cl. 3, and to “declare War,” id. art. I, § 8, cl. 11. See Am. Ins. Ass’n v. Garamendi, 539 U.S. 396, 414 (2003);

    Harisiades v. Shaughnessy, 342 U.S. 580, 588–89 (1952)
    (“[A]ny policy toward aliens is vitally and intricately interwoven with contemporaneous policies in regard to the conduct of foreign relations [and] the war power . . . .”).

    …The foreign policy powers of the presidency derive from the President’s role as “Commander in Chief,” U.S. Const. art. II, § 2, cl. 1,
    his right to “receive Ambassadors and other public Ministers,” id.
    art. II, § 3, and his general duty to “take Care that the Laws be faithfully executed,” id. See Garamendi, 539 U.S. at 414.

    The “power of exclusion of aliens is also inherent in the executive.” Knauff, 338 U.S. at 543.

    In the Immigration and Nationality Act of 1952, Congress exercised its authority to prescribe the terms on which aliens may be admitted to the United States, the conditions on which they may remain within our borders, and the requirements for becoming naturalized U.S. citizens. 8 U.S.C. § 1101 et seq.

    Congress also delegated authority to the President to suspend the entry of “any class of aliens” as he deems appropriate:

    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. Id. § 1182(f).

    Many presidents have invoked the authority of § 1182(f) to bar the
    entry of broad classes of aliens from identified countries.2

    2
    See, e.g.,
    Exec. Order No. 12324 (Sept. 29, 1981) (Reagan and Haiti);
    Proclamation No. 5517 (Aug. 22, 1986) (Reagan and Cuba);
    Exec. Order No. 12807 (May 24, 1992) (George H.W. Bush and Haiti);
    Proclamation No. 6958 (Nov. 22, 1996) (Clinton and Sudan); Proclamation No. 7359 (Oct. 10, 2000) (Clinton and Sierra Leone);
    Exec. Order No. 13276 (Nov. 15, 2002) (George W. Bush and Haiti);
    Exec. Order No. 13692 (Mar. 8, 2015) (Obama and Venezuela);
    Exec. Order No. 13726 (Apr. 19, 2016) (Obama and Libya).

    …The Supreme Court has said so, plainly and often. See, e.g., Mathews v. Diaz, 426 U.S. 67, 81 (1976)
    (“[T]he responsibility for regulating the relationship between the United States and our alien visitors has been committed to the political branches of the Federal Government.”);

    Harisiades, 342 U.S. at 590
    (“[N]othing in the structure of our Government or the text of our Constitution would warrant judicial review by standards which would require us to equate our political judgment with that of Congress.”);

    Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 210
    (1953)
    (“Courts have long recognized the power to expel or exclude aliens as a fundamental sovereign attribute exercised by the Government’s political departments largely immune from judicial control.”);
    Henderson v. Mayor of N.Y., 92 U.S. (2 Otto) 259, 270–71 (1876).

    ……After the attacks of September 11, 2001, the Attorney General instituted the National Security Entry-Exit Registration System.

    That program required non-immigrant alien males (residing in the United States) over the age of sixteen from twenty-five countries—twenty-four Muslim majority countries plus North Korea—to appear for registration and fingerprinting.

    One court referred to the program as “enhanced monitoring.” See Rajah v. Mukasey, 544 F.3d 427, 433–34, 439 (2d Cir. 2008) (describing the program).7

    7
    The aliens subject to the program were designated by country in a series of notices.
    The first notice covered five countries: Iran, Iraq, Libya, Sudan, and Syria. See Rajah, 544 F.3d at 433 n.3.

    The aliens subject to the program filed a series of suits in federal courts across the United States. They contended that the program unconstitutionally discriminated against them on the basis of “their religion, ethnicity, gender, and race.” Id. at 438.

    Similar to the claims here, the petitioners argued that the program “was motivated by an improper animus toward Muslims.” Id. at 439.

    Citing Fiallo and applying the Mandel test, the Second Circuit held that “[t]he most exacting level of scrutiny that we will impose on immigration legislation is rational basis review.” Id. at 438 (alteration in original) (citation omitted).

    The court then found “a facially legitimate and bona fide reason for” the registration requirements because the countries were “selected on the basis of national security criteria.” Id. at 438–39.

    The court rejected as having “no basis” the petitioners’ claim of religious animus. Id. at 439.

    The court observed that “one major threat of terrorist attacks comes from radical Islamic groups.” Id.

    It added:
    Muslims from non-specified countries were not subject to registration.
    Aliens from the designated countries who were qualified to be
    permanent residents in the United States were exempted whether or
    not they were Muslims.
    The program did not target only Muslims: non-Muslims from the designated countries were subject to registration.

    The Second Circuit thus unanimously rejected the petitioners’ constitutional challenges and “join[ed] every circuit that ha[d] considered the issue in concluding that the Program [did] not violate Equal Protection guarantees.”

    …The [3 Judge] panel [of the 9th Circuit Court] was oblivious to this important history.

    …So long as there is one “facially legitimate and bona fide” reason for the President’s actions, our inquiry is at an end.

    …We are judges, not Platonic Guardians.

    It is our duty to say what the law is, and the meta-source of our law, the U.S. Constitution, commits the power to make foreign policy, including the decisions to permit or forbid entry into the United States, to the President and Congress.

    We will yet regret not having taken this case en banc to keep those lines of authority straight. ”

    — BYBEE, Circuit Judge

    • Robert Batchelor

      Everything you stated is great but liberals don’t follow the law. They only follow their ideology. They only use the law when it serves their agenda. Otherwise, they just make it up as they go along to get what they want.

  • Political_qrm

    Subversion…that’s what this “judge” is doing. He has no authority under the Constitution to demand such an action. He should be removed and charged..

  • bannedquran20

    More treacherous acts committed by traitors.

  • Mark Duncan

    President Trump needs to go full Andrew Jackson on them. When a Federal judge issued a ridiculous rulling against him, Jackson moved forward with his plans anyway. Saying, “Its their order. Let them enforce it.”

  • John Paul Jones

    That is one way for the DemonicRATS to balance their budget. The US Army will just have to clean up after Civil War breaks out

  • David Jensen

    Time to go full Andrew Jackson.

  • Pastor C

    The showdown between rank insanity and plain common sense, in America, continues. I wonder who wins?!

    • Robert Batchelor

      Hopefully common sense but these left-wing judicial activists don’t care about America. They only care about their agenda.

  • Robinske2

    Can Judge Chuang cite anything in the US constitution to justify even putting a stay of President Trump’s travel ban? Let alone ordering more Refugees to be admitted? He cannot and is simply making up law as he goes along- a clear overstep of his role in government and should be dismissed as a judge. Unfortunately, the chance of getting rid of a Democrat activist judge would never happen. It’d be a miracle if even 1 democrat Senator would vote to impeach. The nation would need at least 67 Republican Senators to even think it’d be possible to rid the nation of activist judges.

  • Robert Kahlcke

    chuang, you don’t have the authority for this order, secondly when is your term up ?
    Investigate for possible impeachment, Forthwith

  • Rob Porter

    Unless something drastic is done, through the action of politically driven court judges the U.S. Presidency is being reduced to a state of impotency.

  • freepetta

    Who the Hell would appoint this commie creep to the bench? Dept of Justice needs to throw this clown off the bench!

  • freepetta

    This clown has no authority to order refugees in the US! Throw him off the bench!!! What a freaking moron!!

  • CreoleGumbo

    It was obvious to me that the judiciary had become severely compromised when SCOTUS refused to hear the issue of Obama’s lack of proof of citizenship.

  • Craig Stewart

    Send every Syrian refugee to Hawaii…every Yemen refugee to Maryland, and every Somalia refugee to California. Washington and Oregon can have the balance. Load them up in the upper income areas such as Calif 90210 zip code…. and lets watch the fun.

  • Protect Yourself !

    Can he issue this order legally?

  • paul

    Tell this unelected SOB to shove it up his a$$ sideways then shut down ALL immigration at current levels, whatever that number might be, then impeach him from the bench. $crew this judicial activist moron.

  • Barb

    This would be one he could disregard.

  • bobro

    Start by terminating all Federal fund support for the State of Maryland and its sanctuary cities and counties. Then tell the judge to go pound sand! The judge’s only option is to hold Trump in contempt while Trump starts impeachment proceedings against the judge and contests the judge’s order in Federal court. However, IMHO, I don’t think even this judge is stupid enough and/or sufficiently immersed in Hate Trump to do so.

Pin It on Pinterest