Those who are supporting Trump's Muslim ban have been citing
8 U.S. Code 1182(f). This is what their propaganda sites have told them to parrot.
What they have not been told is that there is another law which specifically states no one may be denied entry to the US based on their nationality or place of residence.
8 U.S. Code 1152. This is the law the courts have been citing, but you would not know that if you only listened to the Trump Chump propaganda sources.
Except as specifically provided in paragraph (2) and in sections
1101(a)(27),
1151(b)(2)(A)(i), and
1153 of this title, no person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of the person’s race, sex,
nationality, place of birth, or
place of residence.
The 9th Cir made two findings pertinent to the Trumpbots misconceptions of law.
First, courts may and do review immigration law.
"the Supreme Court nor our court has ever held that courts lack the authority to review executive action in those arenas for compliance with the Constitution. To the contrary, the Supreme Court has repeatedly and explicitly rejected the notion that the political branches have unreviewable authority over immigration or are not subject to the Constitution when policymaking in that context.
See Zadvydas v. Davis, 533 U.S. 678, 695 (2001) (emphasizing that the power of the political branches over immigration "is subject to important constitutional limitations"); .....
"federal courts routinely review the constitutionality of—and even invalidate—actions taken by the executive to promote national security, and have done so even in times of conflict.
See, e.g.,
Boumediene, 553 U.S. 723 (striking down a federal statute purporting to deprive federal courts of jurisdiction over habeas petitions filed by non-citizens being held as "enemy combatants" after being captured in Afghanistan or elsewhere and accused of authorizing, planning, committing, or aiding the terrorist attacks perpetrated on September 11, 2001);
Second, regardless of any power given the executive by congress to administer immigration, if the actions taken violate a group of people's constitutional rights, the law fails. The circuit court sort of criticized the district court for not explicitly discussing the rights of those who were in the US or who had been but were then denied re-entry.
'First, section 3(c) denies re-entry to certain lawful permanent residents and non-immigrant visaholders without constitutionally sufficient notice and an opportunity to respond. Second, section 3(c) prohibits certain lawful permanent residents and non-immigrant visaholders from exercising their separate and independent constitutionally protected liberty interests in travelling abroad and thereafter re-entering the United States. Third, section 5 contravenes the procedures provided by federal statute for refugees seeking asylum and related relief in the United States. The district court held generally in the TRO that the States were likely to prevail on the merits of their due process claims, without discussing or offering analysis as to any specific alleged violation.
But then the kicker. The opinion went on to discuss how the Administration had attempted to walk back the EO so it wouldn't apply to those folks with due process rights. And it concluded by saying "we don't trust a word you say." LOL
"The White House counsel is not the President, and he is not known to be in the chain of command for any of the Executive Departments. Moreover, in light of the Government’s shifting interpretations of the Executive Order, we cannot say that the current interpretation by White House counsel, even if authoritative and binding, will persist past the immediate stage of these proceedings. On this record, therefore, we cannot conclude that the Government has shown that it is "
absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur."
Friends of the Earth, Inc., v. Laidlaw Envtl. Servs., Inc., 528 U.S. 167, 189 (2000) (emphasis added).