Trump's DOJ will argue 1.) The reasons for the EO are irrelevant because this is a plenary power and judicial review isn't appropriate and 2.) The government cannot, presently, properly tell friend from foe in these 7 countries and so, all must be prohibited from traveling to the U.S.
Consider the Chinese Exclusion Acts, which initially forbade Chinese laborers from entering the U.S., and later amended to include many ethnic Chinese regardless of their nationality. The law was challenged and the U.S. Supreme Court, in upholding the law, said, "The power of the government to exclude foreigners from the country whenever, in its judgment, the public interests require such exclusion, has been asserted in repeated instances, and never denied by the executive or legislative departments....
The power of exclusion of foreigners being an incident of sovereignty belonging to the government of the United States as a part of those sovereign powers delegated by the constitution, the right to its exercise at any time when, in the judgment of the government, the interests of the country require it, cannot be granted away or restrained on behalf of any one..."
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That's just it: the Chinese Exclusion
Acts were signed into law by the legislature and ratified by the President. An executive order is NOT a law and doesn't have the power of one. Strictly speaking, an executive order is given by the president to determine HOW an existing law is to be enforced given whatever latitude he is granted by congress. He can, in fact, issue an executive order directing his employees not to enforce certain provisions of a law, but he can't just MAKE UP new provisions as he sees fit, not without a really good reason for doing so.
The Visas and green cards already issued are therefore valid under the law, and Trump doesn't actually have legal standing to revoke them just because he doesn't like their home countries. There's no part of the U.S. immigration law that actually gives him power to do that, which is why the law was successfully challenged. He may argue, on the other hand, that he has actionable intelligence of a threat of espionage or terrorism from the seven countries listed and that his executive order is indeed a neccesary temporary measure to ensure security, but then he has to explain why the restriction came in the form of an executive order and not, for example, as part of the regular operations of the DHS whose job it is to act on that kind of intelligence.
Basically it's like Lester Maddox putting up a sign on his window that says
"This restaurant is for
whites segregationists only.
Niggers Integrationists will not be served."
Thank you for proving my point. President Obama did not institute any sort of ban (which is what YOU claimed), nor did he do anything similar to what #45 has done.
I didn't say they were the same but he did start the process and for good reason at the time..
He started a completely different "process" for a completely different reason. In Obama's case it was actually a bureaucratic delay as new vetting guidelines were put in place to deal with a specific shortcoming, after which normal operations resumed.