The Ninth Circuit Court of Appeals is wrong. On Thursday, the Ninth Circuit Court of Appeals refused to halt a stay on President Trump’s executive order suspending travel from seven majority-Muslim countries in the Middle East. Hans von Spakovsky writes: “The court’s apparent opinion that other aliens who don’t live in the U.S. have due process rights if they are refused entry can only be true if they have a constitutional right to enter the U.S. That is an absurd proposition, yet that is the end result of the court’s opinion: that a foreign alien can demand a hearing and due process rights if one of our embassies refuses to give the alien a visa. So far in the numerous lawsuits that have been filed against this executive order, the only federal judge to get it right is Nathaniel Gorton of the District Court of Massachusetts. He analyzed the relevant statute, 8 U.S.C. §1182(f), and concluded that the executive order is fully within the president’s authority: ‘The decision to prevent aliens from entering the country is a “fundamental sovereign attribute” realized through the legislative and executive branches that is “largely immune from judicial control.”’”
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