Yes, that’s the topic we’re discussing.
First, actions are presumed legal. Nobody has to prove legality. But read the law in the link from the OP. The law says that aliens are not admissible if they are a “public charge.” The executive has always been given deference to interpret laws reasonably. The Trump Administration has determined that if an alien has received public assistance for 12 of the last 36 months, they are a public charge.
That seems very reasonable, does it not? If I go to Canada or Europe just for vacation, the customs agents can demand that I prove sufficient funds for the duration of my stay. There is nothing in that interpretation that is even remotely unreasonable. It could be stricter, or it could be more lenient. It is completely up to the executive to determine that unless it is an abuse of discretion (say Trump declared that any alien without $1 million in the bank was a public charge).
But despite that plain reasonableness, the anti-Trump folks run to a District Court Judge in Whereeversville, USA that they know is far left. Then they get a preliminary injunction that applies to the entire nation. The judge refuses to issue a stay.
Unless the Supreme Court dissolves these ridiculous stays, then no president in the future will ever be able to change executive interpretations from the last administration. The right could play that game too. If President Sanders starts reversing Trump’s orders, the right can just go to a hanging judge in Conservativeville U.S. District Court and get a nationwide injunction.
I mean, look at DACA. It was fine to not have it, right? Obama decrees it. Still fine. Trump reverses: nationwide injunction. It’s rule by judicial fiat.
It is a new thing which needs to be stopped, or no president, including Democratic ones, can ever administer the laws.
First, actions are presumed legal. Nobody has to prove legality. But read the law in the link from the OP. The law says that aliens are not admissible if they are a “public charge.” The executive has always been given deference to interpret laws reasonably. The Trump Administration has determined that if an alien has received public assistance for 12 of the last 36 months, they are a public charge.
That seems very reasonable, does it not? If I go to Canada or Europe just for vacation, the customs agents can demand that I prove sufficient funds for the duration of my stay. There is nothing in that interpretation that is even remotely unreasonable. It could be stricter, or it could be more lenient. It is completely up to the executive to determine that unless it is an abuse of discretion (say Trump declared that any alien without $1 million in the bank was a public charge).
But despite that plain reasonableness, the anti-Trump folks run to a District Court Judge in Whereeversville, USA that they know is far left. Then they get a preliminary injunction that applies to the entire nation. The judge refuses to issue a stay.
Unless the Supreme Court dissolves these ridiculous stays, then no president in the future will ever be able to change executive interpretations from the last administration. The right could play that game too. If President Sanders starts reversing Trump’s orders, the right can just go to a hanging judge in Conservativeville U.S. District Court and get a nationwide injunction.
I mean, look at DACA. It was fine to not have it, right? Obama decrees it. Still fine. Trump reverses: nationwide injunction. It’s rule by judicial fiat.
It is a new thing which needs to be stopped, or no president, including Democratic ones, can ever administer the laws.