” . . . whenever the president finds that the entry of any alien or of any class of aliens into the United States would be detrimental to the interests of the United States, he 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 appropriate.”–8 USC section 1182
Sally Yates as acting Attorney General is tasked with enforcing laws, not determining the constitutionality of Trump’s executive order. Ms. Yates set herself up as a one person Supreme Court. As the law clearly states, the president has broad discretionary power as stipulated in the phrase, “of any class of aliens into the United States . . .” The same statute was applied by Jimmy Carter to exclude Iranians from traveling to the U.S. What rationale did Yates use to deign that the same statute did not apply in this case? In any event, the executive order is now in the court system where its constitutionality will be determined. Not thankfully by appointed hacks like Sally Yates, but hopefully by the Supreme Court. I will wager, that if Carter could ban Iranians from our shores, the temporary ban of Muslims will also be upheld on national security grounds, and the president’s powers to protect and defend U.S. citizens. After all, is that not the rationale that Democrat Franklin Delano Roosevelt used to incarcerate hundreds of thousands of Americans citizens of Japanese descent in concentration camps? Certainly, if the above two examples were justified on national security grounds, then Trump’s executive order will also be upheld by the Supreme Court. In fact, 8 USC section 1182, written in the 1950s, appears to have been written with the Japanese American example clearly in mind. Now if Yates does not like the law as it is written, she and the Democrats would be wise to rewrite it via the legislature. Not from the office of the acting Attorney General.