Supreme Court to Review National Security Proclamation | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Supreme Court to Review Immigration Proclamation

By Edward White1516734000000

The United States Supreme Court has announced it will review the decision of the Ninth Circuit Court of Appeals, which upheld a Hawaii federal court’s injunction blocking the implementation of President Trump’s National Security Proclamation. The Proclamation is intended to begin enhanced vetting procedures of foreign nationals seeking entry into the United States.

The Proclamation, issued in late September, fulfilled the promise of President Trump’s March 6, 2017 National Security Executive Order. The March 6th Order, among other things, called for a global review by the Secretary of Homeland Security of nearly 200 countries to determine whether they provide sufficient information about their nationals seeking entry into our country. The Secretary was to report the findings to the President. During the review, there was supposed to be a 90-day suspension of entry into this country of nationals from six countries with terrorism concerns (Iran, Libya, Somalia, Sudan, Syria, and Yemen).

As a result of the global review, the Secretary informed the President that eight countries (Chad, Iran, Syria, Libya, Somalia, North Korea, Venezuela, and Yemen) did not satisfy the security criteria. After review and consultation within the Executive Branch, the President issued the Proclamation and imposed immigration restrictions on nationals from those eight countries until they comply with the necessary security criteria.

The Ninth Circuit determined in part that the President did not provide sufficient findings to support the Proclamation. The Ninth Circuit incorrectly reached this ruling despite the President’s broad constitutional and statutory authority to suspend or restrict the entry of aliens when he determines it is in our country’s best interest. This Presidential power was properly exercised here, as the President based his determination on extensive evidence gathered during a global review.

The Ninth Circuit’s decision, however, does not prevent the Proclamation from going into effect. The Supreme Court in December halted the Hawaii injunction pending the Court’s final review of the matter, and, as a result, the Ninth Circuit stayed the impact of its decision. Thus, despite the injunction and the Ninth Circuit’s ruling, the Proclamation remains in full effect for the time being and enhanced vetting will continue.

In the coming months, the Supreme Court will review the decision of the Ninth Circuit and consider the legal questions presented by the parties. These questions include the scope of the President’s authority to protect our national security and whether the Proclamation violates the Establishment Clause of the First Amendment to the Constitution, as claimed by the plaintiffs.

We are still awaiting a decision from the Fourth Circuit Court of Appeals regarding a Maryland federal court’s injunction against the Proclamation. The Fourth Circuit heard oral argument in that case in December. The Supreme Court’s decision to review the Ninth Circuit’s ruling, however, may cause the Fourth Circuit to not issue a decision and instead wait for the Supreme Court’s ruling regarding the Proclamation. The Supreme Court has also stopped the Maryland injunction from going into effect pending its review of the Proclamation.

Throughout the litigation against the National Security Executive Order and the Proclamation, the American Center for Law and Justice (ACLJ) has filed amicus (friend-of-the-court) briefs in support of the Trump Administration’s efforts to protect our country from the entry of foreign terrorists. In the coming weeks, the ACLJ will submit an amicus brief urging the Supreme Court to reverse the decision of the Ninth Circuit and allow the full implementation of the Proclamation to continue. The brief will be filed with the support of the ACLJ’s Committee to Defend Our National Security from Terror. Please join this important committee and brief.

We will continue to keep you posted about the litigation concerning the Proclamation, as well as about the other critical 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.

Oral Argument in National Security Proclamation Case

By Edward White1525460400000

Last week, the Supreme Court of the United States heard oral arguments concerning the legality of President Trump’s National Security Proclamation . The Proclamation, issued in September, fulfilled the promise of President Trump’s March 6, 2017 National Security Executive Order. The March 6th...

read more

What We Need to Know About Negotiations with North Korea

By Wesley Smith1524153390228

It was revealed this week that CIA Director (and Secretary of State nominee) Mike Pompeo traveled Easter Weekend for personal talks with Kim Jong Un, the leader of North Korea. It was a surprising development, which comes as the United States and North Korea lay the groundwork for direct talks...

read more

National Security Proclamation Nearing Decision

By Edward White1523981064218

The legality of President Trump’s National Security Proclamation will be decided soon by the United States Supreme Court. The Court will hear oral argument on April 25th and should be issuing a decision by the end of June. In February, the American Center for Law and Justice (“ACLJ”) filed an...

read more

The Dangerous and Uncertain World We Live In

By Wesley Smith1521039600000

These are dangerous times, and the threat of war is greater now than at any time since the end of the Cold War, Director of National Intelligence Dan Coats told the Senate Armed Services Committee Tuesday. Director Coats and Army Lieutenant General Robert Ashley, Jr., the director of the Defense...

read more