Ken Paxton, the attorney-general of Texas brought together a coalition of states that support President Trump’s revised travel restrictions on refugees entering the country.
In all, 15 states united to lend support amid lawsuits opposing Trump’s temporary ban on immigrants entering the United States from six designated countries.
Texas is joined in the amicus brief by Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, West Virginia and Mississippi.
An amicus brief was filed in the 9th U.S. Circuit Court of Appeals on Monday.
In short, Paxton, 13 other state attorneys general and Republican Mississippi Gov. Phil Bryant summarized their arguments. The main arguments are listed below:
President Trump has foreign-affairs and national-security powers which give him the authority to temporarily restrict travel in those six countries. Furthermore, he also derives the authority from Congress pursuant to its Article I and its powers over the admission of aliens into the country. Thus, Trump’s Executive Order is has a “heave presumption of constitutionality.”
The U.S. Constitution does not apply to those immigrants outside of the U.S.
Even if the Constitution did apply to those outside of the U.S., there has been no violation.
The ban is “not a pretext for religious discrimination but rather it is grounded in national-security concerns and classifies aliens according to nationality—not religion.”
In fact, before the current presidential Administration took office, multiple federal officials—including the FBI Director, the former Assistant Director of the FBI’s Counterterrorism Division, and the former Director of National Intelligence—expressed concerns with deficiencies in the country’s ability to vet the entry of aliens.
“President Trump’s revised immigration order is necessary to protect the homeland from those who wish us harm.”
The 9th Circuit Court of Appeals has a reputation for being a leader in having the most reversed cases.
It will interesting to see if they hold fast to their “liberal” views or will rule in favor of the Trump administration since the administration claims it revised the executive order based upon the appeals court’s concerns.
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