The Ninth Circuit’s decision against President Trump’s immigration order is worse than wrong. It is dangerous.
To review, Trump issued an executive order blocking entry by refugees and aliens from seven Muslim-majority countries. The travel restriction is to be short-lived: a period of months while better vetting procedures are developed. The administration, moreover, did not pluck the seven countries from its allegedly anti-Muslim imagination. They were cited in a statute enacted by Congress and signed by President Obama, based on the richly supported conclusion that these countries — Iran, Iraq, Syria, Yemen, Libya, Somalia, and Sudan — are riven by anti-American jihadism, besides having governments that are either non-functional or implacably hostile to the U.S., rendering any efforts to screen their citizens uniquely difficult.
A federal judge in Seattle, James Robart, issued a temporary restraining order against the travel ban at the behest of two states, Washington and Minnesota, run by Democratic governors. Now, the Ninth Circuit has upheld this single, unelected jurist’s usurpation of the power to make American national-security policy.
According to the three-judge panel, even illegal aliens, to say nothing of aliens holding non-immigrant visas or permanent-resident status, have due-process rights against government actions to protect Americans from foreign threats. Therefore, the president and Congress (i.e., the branches of government constitutionally responsible for national security) may not take such actions unless and until the judiciary (the branch with no such responsibility) has approved those actions.
That aliens are not citizens and have no constitutional right to come to the United States is apparently superseded by their newfangled “right” to be welcomed into the United States courts. And even if they are not here already, even if they remain in the far reaches of the globe, this alien “right” may be asserted by state governments. The states’ interest in having foreign students and scholars at their public universities, we are told, outweighs the public’s interest in excluding aliens who may be terrorists, law-breakers, public charges, or hostile to our Constitution and culture.
The unanimous ruling is the type of lunacy with which the Ninth Circuit has become synonymous. It is also the inevitable result of a turn-of-the-century judicial power grab in the realm of national security.