Thursday, December 10, 2015

The Trump Muslim ban legal with precedent

Ban of Muslims and Others Already a U.S. Law: 8 U.S. Code 1182 –– Pundits, Politicians, Candidates Need to Get Over Themselves by Maggie at Maggies Notebook


Here is number eight US Code 1182, inadmissible aliens. This law was written in 1952. It was passed by a Democrat-controlled Congress, House and Senate, and signed by a Democrat president.

"Suspension of entry or imposition of restrictions by president. Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president may, by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem to be appropriate."

Everybody in the establishment in the political class, Republican, Democrat, media, you name it, is all claiming that what Trump said is dumb, stupid, reckless, dangerous, unconstitutional, while it is the law of the land.

And it was utilized by Jimmy Carter, no less, in 1979 to keep Iranians out of the United States, but he actually did more. He made all Iranian students already here check in, and then he deported a ton of 'em.

There is precedent for everything Donald Trump has said he wants to do. And if you listen to the wizards of smart in this country and our political establishment, you will think that this stuff is just unheard of, it's almost unspeakable, it's just indecent. Here we have in the establishment the reputed best and brightest, the smartest. We're not even qualified to be in their company no less. And they're dunces on this.

In November the 1979 United States attorney general had given all Iranian students one month to report to the local immigration office. Seven thousand were found in violation of their visas, 15,000 Iranians were forced to leave the United States, 1979. 

When this law, inadmissible aliens I just read to you, which I'm gonna be reading a lot to you today to the point you're gonna get tired of hearing it, but you won't forget it.

This law was passed in 1952. Do you know what was going on in 1952, among other things? There was no immigration in 1952. It was shut down. Immigration was shut down 1924 to 1965. 

And why did we have this? What was the need for this in 1952? Oh, yeah, we had rampant illegal immigration. I'm talking about we suspended legal immigration from 1924 to 1965, but we were being overrun in 1952 like we always are.

We're the last great hope of the world. That law was written to allow the president to keep undesirables out and to kick undesirables out. There's no mystery.

The Jimmy Carter stuff that I just told you about, all of these statements that Jimmy Carter made were made in public, and the announcements that he made that he was gonna send Iranians home, Iranian students home, that they had to report to immigration, they had to confirm they were here legally, those who weren't were sent back. They put a moratorium on all Iranians being allowed in the country back in 1979.

Carter did that publicly. He announced it in public, and he announced it proudly. . . .

So here again, number 8 United States Code, inadmissible aliens. "Suspension of entry or imposition of restrictions by president. Whenever the president finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may, by proclamation," meaning he doesn't have to go back and get a new vote.

This law empowers him to stand up and do what Jimmy Carter did. "He may, by proclamation, and for such period as he shall deem necessary --" until next week, until next year, until whenever he wants "-- suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants or impose on the entry of aliens any restrictions he may deem to be appropriate.

The very first US immigration law was the Chinese Exclusionary Act of 1882. Then there was the Anarchist Exclusion Act of 1903, which we have discussed on this program. But this has reminded me of something. A couple of weeks ago Obama went on TV, as he is wont to do, and said (imitating Obama), "We do not have a religious test for people entering our country.

It doesn't matter what they believe. We have freedom of religion in this country, whatever amendments since then. And it's the law, it's our law, and we cannot ask people about their religion, and we certainly cannot use what they say as a reason to keep --" And I was forced to remind everybody that not only can we, we must, because it is also American statutory law. We must ask immigrants seeking asylum what their religious beliefs are.

We have done it. We continue to do it. Here's why.

The primary reason most refugees give for seeking asylum is that they are fleeing religious persecution in whatever war torn place they're coming from. During the interview process, it is required that we investigate that.

"What religion are you?" we ask. They must tell us. Based on what they tell us, we then examine whether or not there is indeed persecution of that religious belief in the place where the immigrant, the refugee, is coming from.

We dealt with this a couple of weeks ago. Obama said you could never have a religious test for refugees, and we showed that a religious test is actually written into the statutes that govern refugees and asylum.

Editors Note - The aggregate of this narrative comes from various print and radio news sources reporting yesterday, December 09, 2015
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