ACLJ Defends National Security At Appeals Court | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

ACLJ Defends National Security At Appeals Court

By Edward White1509660989141

The American Center for Law and Justice (ACLJ) has filed a friend-of-the-court (amicus) brief at the Fourth Circuit Court of Appeals in support of President Trump’s recent Proclamation to begin enhanced vetting procedures of foreign nationals seeking entry into the United States.

This appeal deals with an injunction imposed against the implementation of the Proclamation by Maryland federal judge, Theodore Chuang, who was appointed by President Obama. The judge determined, among other things, that the Proclamation violated the Establishment Clause of the First Amendment in light of campaign comments made by then-candidate Trump and his advisors.

The same judge previously enjoined President Trump’s National Security Executive Order, which temporarily paused entry into the United States of nationals from six unstable and/or terrorism-infested countries while our government conducted a worldwide review to determine which foreign governments provide us with sufficient information about their nationals before we allow their entry into our country. (The case against the Executive Order was recently dismissed by the Supreme Court as moot.)

As a result of the worldwide review, the Presidential Proclamation imposes restrictions on nationals from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen who seek entry into the United States. Those countries are deficient in their identity-management and information-sharing capabilities regarding their nationals, and we have continuing concerns with terrorism in many of those countries.

As we explain in the brief, the President has broad power to exclude aliens from this country for national security reasons. Courts generally defer to the exercise of the President’s power in this area, which is what the Maryland judge should have done here. The Proclamation is a valid exercise of President Trump’s authority that should not be disturbed.

Moreover, we explain that the mere suggestion of a possible religious or anti-religious motive, mined primarily from past comments made on the campaign trial as private citizens, is not enough to defeat the validity of the Proclamation. The Proclamation clearly serves a genuine secular purpose—protecting our national security—and is not motivated by anti-religious considerations. In short, the Proclamation does not violate the Establishment Clause.

The brief urges the appeals court to vacate the injunction and allow the Proclamation to be enforced in full. As it now stands, the injunction jeopardizes our national security and improperly obstructs the President from exercising his constitutional and statutory duty to protect our nation.

The brief was filed with the support of the ACLJ’s Committee to Defend Our National Security from Terror, which represents more than 276,000 Americans who have stood in support of the President’s efforts to protect this nation from the entry of foreign terrorists.

Owing to the national importance of this case, the appeals court has placed it on an expedited schedule and will hear oral argument on December 8th.

We will continue to keep you posted about this case as well as about the other important work of the ACLJ.

Defend Our National Security from Jihad

National Security  Signatures

LOGIN

Receive the latest news, updates, and contribution opportunities from ACLJ.

$20
$40
$60
$120
$240
Make this a monthly tax-deductible gift.

As we aggressively fight to protect our national security and Christians, we urgently need your support. Defend America & Christians today.

Email Address is required.
First Name is required.
Last Name is required.
Credit Card Number is required.
Verification Code is required.
Expiration Month is required.
Expiration Year is required.
Receive the latest news, updates, and contribution opportunities from ACLJ.
Encourage your friends to sign and donate by sharing this petition.

Jim Acosta Makes the Case For the Wall

By Jordan Sekulow1547240101804

Walls are about letting good people in, and keeping bad people out. Illustrating this point yesterday, CNN’s Jim Acosta reported that steel barriers work to keep borders safe and peaceful. Today on the show, we discussed how CNN correspondent Jim Acosta – a notoriously vocal critic of the President...

read more

JSL: President Trump on Emergency at the Border

By Jay Sekulow1547068440582

“How much more American blood must we shed before Congress does its job?” That was the question President Trump posed to the American people last night. Today on the show, we discussed the President’s address to the nation last night. The President laid out the case from the Oval Office for taking...

read more

Radio Recap: President to Address Nation

By Jay Sekulow1546993296873

The President tried to present his case for increased border security to Congress, and the Left refused to listen. Tonight, President Trump is speaking directly to the American people. On today’s broadcast, we discussed the President’s planned address tonight where he’ll be discussing the state of...

read more

JSL: Will the President Declare a National Emergency

By Jay Sekulow1546893326379

Is the refusal of Congress to fund necessary protection along our southern border cause for declaring a national emergency and using Department of Defense dollars for border security? We think so, and so does the President. On today’s broadcast, we discussed President Trump’s threat to “declare a...

read more