Federal Court Rejects Challenge To Trump Immigration Order

Virginia-easternIn a 32-page opinion, United States District Judge Anthony Trenga has rejected the challenge to the second immigration order of the Trump Administration.  Trenga in the Eastern District of Virginia found that the challengers in Linda Sarsour v. Donald Trump — were not likely to succeed in their challenge to the March 6 executive order.  The ruling is similar to the rejection of a Boston court in the first immigration order.  It is also very different in tone and analysis from the decision of Judge Brinkema in this same Virginia district, granting a temporary restraining order in the review of the first immigration order.

As previously discussed, I believe that the odds favor the Administration in prevailing in the long run.  It could face a mix of decisions on the lower courts as it did with the first order. However, this order is a better product and presumably the Justice Department will markedly improve its performance in the defense of the order.

 

I agree with Trenga’s analysis, obviously, on the controlling precedent.  Judge Trenga notes:

“In determining whether the Plaintiffs have made the required showing, the issue is not whether EO-2 is wise, necessary, under- or overinclusive, or even fair. It is not whether EO-2 could have been more usefully directed to populations living in particular geographical areas presenting even greater threats to national security or even whether it is politically motivated.”

He also noted that the modifications of the first poorly drafted order has helped the Administration:  “[T]he substantive revisions reflected in EO-2 have reduced the probative value of the President’s statements to the point that it is no longer likely that
Plaintiffs can succeed on their claim that the predominate purpose of EO-2 is to discriminate against Muslims based on their religion and that EO-2 is a pretext or a sham for that purpose.”

The ruling comes at a time when the Administration has appealed the ruling of a judge in Maryland against the order to the United States Court of Appeals for the Fourth Circuit.  This will now present divided district courts on the question, but I would give the Trenga opinion the edge in the long run.

54 thoughts on “Federal Court Rejects Challenge To Trump Immigration Order

    • Grandma should work in an advertising agency for a few months and then do advanced research by working at a think tank for a few more followed by interviews with business school graduates and lobbyists. Questions of a lifetime resolved. Yes brain washing exists and it really does work..

      From another point of view, it’s impossible not to be brain washed to one extent or another since we never perceive reality directly.
      http://thearchdruidreport.blogspot.com/2017/02/the-world-as-representation.html

  1. An aftermath is the utter gall of the left wing extremists in their switchy switchy definitions of titles Comrade Red Rosa De Lauro La Bandera Rosa now says GOP means Get Old People. She was not referring of course to those members of the lefts right wing known as Republicans In Name Only but to those attempting to make something real of the Republicans as a separate part. not the yip yap lap dogs of the leftist Government Party and their cave on command tricks, Sit, stand, shake, cave.

    But Red Rosa La Bandera Rosa conveniently forgot to mention the very central leadership role played by the Socialist Extremist in devaluing the worth of the the Same old peoples retirement funds. Borrow big time in huge amounts to pay off poltical debts, Which follows the economic formula inflate devalue and repudiate meaning refuse to pay a contracted debt.

    The old folks least able to fight back took a 30% hit in their fixed income retirement money which was NOT counted in the COLA computations even though it was purely caused by government manipulation.

    .2 down to .002 down to .00000 were the next eight years results. with all manner of weak ass feeble excuses but the old folks took it in the shorts. Can’t go back to work. No jobs. Can’t do a new career, unless you count buying lottery tickets. Not enough time left to let a retirement package grow.

    Thank you so very much you commie bitch. And what did your legal insider trading do for you?

    I looked.. Four point one three or 4.13 million dollars not counting the value of her houses.

    So let’s look at that in terms of buying power before La Bandera Rosa and her comrades struck their blow at the elderly. Down from 5.9 million to 4.13 million. Or did it go up from some lower figure due to insider trading. Something only Congress is allowed to tdo with impunity.

    Mine. It went up 2.23 a month in 2016. But my taxes went up $490.00 I’m 72. I solved the problem of my 30% repudiation tax loss by moving to a place where the cost of loving is 40% of US Standard with no appreciable loss in standard of living. In fact I regained middle class. status. But it isn’t in the USA any more.

    Where do you live Red Rosa Bandera and your socialist fascist friends?

    Sucks to be you cupcake while we still have access to information on your pefidity and cupidity.

    Clintons, Shermers, Pelosi her self is worth 80 million . let’s here them defend THAT.

    • It is supposed to be W itch sorry the dsylectic keyboard struck again and witch owned by Pelosillyni since Klinton died on using that appelation. That’ s my apology for course manners. But I was speaking to an audience at that literacy level …..hmmmm

  2. Not as Nice as I had hoped for but watching Pelosi and Shumer commit political suicide and drag their former Democreat now Socalist party with them was great fun. So time for serious comment and question.

    Soon after Jan 20th President Trump instucted by Executive Order for Departments and Agencies not to collect certain monies principally the fines for not having insurance levied under ACA.

    Assume that the current stalled effort may go through in time to affect the next Fiscal Year and tax season but assume the greater probablility is it will not.until next year.

    If the effort is stalled but still alive and awaiting it’s turn which seems to be the case will the suspension of those fines be honored, upheld, or reversed? Letists can forget commenting the complexities are already beyond the level of people not all0wed to think or reason rationally.

    It’s sort of an exploratory question in to how much life does an EO have? Seemingly if honored to the extent of Obamas it should last but then ….who knows?

  3. My understanding of the legal argument so far presented by progressive anti-border types:
    1. Normal citizen pre-POTUS Trump made inflammatory anti-Muslim immigrant statements.
    2. Because of 1, any Trump EO which negatively impacts immigration status of 1 or more Muslims is automatically illegal.

    When shall Turley cover the story that a MD school district enrolled an adult 18 year old illegal Latin immigrant male into class with 9th graders, including a female student the local Police claim was raped by the above male, in the school’s bathroom? This story is sensational enough. Even more sensational is that ABC, CBS, NBC, CNN, and MSNBC have black listed all coverage of the story. After the apparent rape, MD legislators voted to become a Sanctuary State. Also, a Latina MD legislator defends the above described enrollment and the Sancturary State vote.

    To prevent ICE from discovering illegals enrolled in school, and from locating adult suspects to be deported, Salt Lake City School Board just voted to not cooperate with ICE agents.

    How do progressive alt-leftists defend the cry of “State’s Rights” Re. Sanctuary status, the exact same defense used by racist, bigoted, murderous KKK during the civil rights battles? (They said it as one word, “Statesrights”.) Inquiring minds want to know.

    The other odd hypocrisy is the alt-left fomenting for war with Russia. It’s quite strange to see progressives cry out for a war which would quickly end life on earth, solely to increase the level of political dirt and misery heaped on Trump. Every single day since Bush started his ill-fated illegal war in Afghanistan, to bring love and peace and democracy to the ME, Democrat progressives screamed “war monger” to Bush from the roof tops (and they were of course right, BTW). Obama’s primary pre-vote promise was to end Bush’s two wars (Iraq and Afghanistan). Instead, he doubled the number of ME wars (Libya in ruins, Syria). For eight years, not one whimper from Dems Re. their war monger POTUS. Now that Trump killed their Clinton dream, they cry out for war with the world’s second greatest nuclear power.

    And, as Professor Turley has aptly made clear, Re. Russia’s meddling in the US vote… talk about the kettle calling the pot black: The USA has a C-long history (or longer) of not only picking winners of alleged democratic foreign votes, but of killing and taking down legally installed leaders. The USA has not one lawful standing to currently war in Syria, nor Yemen.

  4. Maybe the good professor could give us non-experts a crash course in the dynamics of “stare decisis” in Federal courts.I must confess I am totally bamboozled by some of this stuff.

    • You have every right to feel bamboozled. Seemingly, the only agreement between what the law says and what it means is a mystery even to Supreme Court justices They are supposedly experts and have frequently been split 5-4.
      Ambiguity in the law feeds a lot of useless legal ‘experts’, fuels endless debate and appeals, causes re-trials, reduces the legal process to glacial slowness, encourages useless philosophizing and , generally speaking, totally frustrates obtaining any degree of efficiency. It is a bureaucrat’s dream when you consider these people are free to render horrible decisions, and they cannot be sued for even the worst of them.
      The judiciary is frequently arrogant, has too much power, is over paid, and enjoys too many privileges.
      This isn’t rocket science, and law isn’t nuclear physics. It’s time the people demanded that public servants who survive on taxpayer dollars were taken down a notch or two.

  5. Some would say that a circuit court ruling only applies within the boundaries of the circuit court. However, it also seems that some singular district court can create a nationwide ruling superior to that of any circuit court, and thus if upheld by the circuit court, the circuit court in effect gains nationwide jurisdiction best left to the USSC . . .

  6. Sarsour, the named plaintiff in this case… What an irritating creature she is, big Hillary-ite, US born and wears the hijab. It clearly is her entire reason for being.

    It just appalls me that Hawai’i was allowed to claim harm to tourism, of all things. And WA state gave standing to big corps like Microsoft to claim harm For a short term pause. Unbelievable. Good for Judge Trenga….

    • How could they possibly document that there was harm to tourism? Perhaps a few “tourists” would be temporarily prevented from visiting; on the other hand, if you have possible terrorists in Hawai’i, other tourists will stay away. (I’m certainly not going to Europe anytime soon!) In any case, the impact, if any, on tourism is completely speculative and should not be considered by any court.

      • Yes appalling isn’t it? As for tourism, France and Belgium and soon I suspect London are worried. Tourism is off. ESP Asian tourists who value safety (20 – 40% depending on location). Didn’t help when 5 Chinese travelers were attacked with a machete on a city train… I forget where now.

        One thing I read following the airport and transit attacks in Brussels, that there would be no insurance against terror at that airport. It is now a given. Just let that sink in.

        What is happening in Europe breaks my heart.

          • Makes me laugh. San Francisco tries to blame the falling tourist numbers on Trump. HOWEVER they were falling last year and, for years now, all the major online tourist sites very prominently discuss how filthy the city is, the aggression on the streets from homeless and just “crazies” and of course the crime. It had to catch up sometime.

            I didn’t vote for Trump…. nor Clinton, nor any of the offerings. Stein, Bernie. Whoever else. Mug’s game.

    • Can’t have people in the land of the brave and home of the free wearing a hijab. Why, that’s not “Merican! Plus, she don’t look like regular ‘Mericans.

      • You would be surprised: In interview she has said that traveling in Yemen, in fact in small towns, women were angry with her for wearing it. They could not believe an American woman would do such a thing. They refused and refused the men who asked them to wear it….

        You really are hidebound, and I recall that from your earlier responses ot me on ME “traditions” and fundamentalism. I won’t bother with you again.

  7. We went to the animal fair.
    The birds and beasts were there.
    The old baboon by the side of the moon
    Was combing his auburn hair.

    The monkey he got drunk.
    And fell on the elephant’s trunk.
    The elephant sneezed and fell on his knees….
    And that was the end of the monk, the monk, the monk!

    end

    The relevance here is when the elephant sneezes. That will be when we have the next terror attack on a government building. The analogy is that the muslims are monkeys.

    • I sincerely hope my sometimes hero Glenn Greenwald is wrong on the following point: Glenn believes, if a large scale terrorist attack occurs in the US under Trump’s watch, to Trump that event shall be an opportunity. Now, if “opportunity” means a temporary but total moratorium on all immigration, good. If it means another opportunity for more war, more debt, and less personal freedom for citizens, then no.

  8. Congress should amend the jurisdiction and authority of District Courts. Limit them to their own geographical territory. It is non-sensical that a D.C. judge in Hawaii can exert authority over the law nationwide.

    • Actually, becasue there are potential casualties involved, and becasue it is an Executive Order, the best solution is a quick escalation to the Supreme Court for an expedite ruling.

      As an example, had the Obama EPA regulations on coal received fast track status, the 7 years it took to get the final answer cost the electric industry and the tax payers $9 Billion is cost AND practically destroyed the coal industry.

  9. 24 November a day that should live in fame as the day the Socialist Left AKA Democrats committed unilateral suicide.

    1. Radiation Berns on the Gorsuch nomination and likely any others coming up.
    2. Their deepest spy network uncovered
    3. More contacts with the Russians by any one of a couple dozen than everything charged against the administration and they atill haven’t figured out it wasn’t the Republicans that trashed their election.
    4. Schumer calls for Democrats to drink the koolaid. Democrats are looking hard at IDC affiliation as a way out of Schlerper and Pellosillyni’s flat out murder of the their party.
    5. But wait. There’s more. Film at eleven!

    No where to run…nowhere to hide. Stupid is not an excuse.

    • It’s Eleven. Immigration V.2 ban rejected in wake of terrorist murders. as the left tries to discount the significance of certain ones. Those people’s live aren’t important. Of course not. Not to a socialist auctocracy. They are just serfs and peons to be discarded as cannon fodder and baby factories.

      I believe ‘Eleven’ will be overworked today and replaced with non stop.

      Schumer Pelosi? Are you ready to die? Will you drag your group of whatevers down with you? Or something?.

      • Looks like they chose unilateral political suicide and fell right into the trap.

        1. By pass this entire effort but get open discussion on the table.
        2. Let it remain a purely Democrat owned program and let it die in place.
        3. After working on the more important business and having identified the weak sisters and RINOs
        go back to it and start from scratch. not from the middle of a heavily expensive failure..
        4. Let the left wing of the left and the right wing of the left kill each other.

        Worked like a charm!

        The left will garner the most responsibility when the last state drops to zero choices and they are left with the old solid standby of going to the emergency rooms. Solid until the Medicare Funding runs out.

        Time for more important things. Like my siesta

        • Unless of course the Representatives on their own hook come up with something useful and that would mean ditching the Rinos.

  10. I don’t understand why, when two Federal Court Judges come to opposite conclusions on whether to issue a TRO, the there is deference to the one gumming up the works. Can someone explain why today’s ruling doesn’t overturn the TRO from Hawaii?

      • Not really the Hawaii Judge got to make it a nationwide ruling and so did the I think the Maryland Judge. But those people are sacrosanct and can amend the constitution without a legal amendment as a matter of whim or instructions from ACLU and Soros.

    • This is a decision from the Eastern District of Virginia and only applies to that district. If it is appealed to the Fourth Circuit Court of Appeals, that decision, whatever it may be, would only apply to the Fourth Circuit. A decision that will affect all circuits will have to come from the Supreme Court.

      • Sally, Except a decision from Hawaii (temporarily) stayed the EO for the whole nation. How does that work?

        I see this all the time. Even deisions of state lower courts are invalidating state law for the wole state. That’s just crazy.

    • It will be interesting to see how the defacto implementation of the order is place.

      You get too many CBP caught discriminating against people who just happen to be Muslims you will see the Courts coming back to revisit this decision. I think that deference should be given to the Executive Branch. However, Plessey was originally upheld as Separate But Equal. Then Brown, said maybe the intent was good, but the implications create inferior buildings and materials. You cannot sustain Separate But Equals burden. So forced integration was had.

      We will see how many folks like Muhammad Ali Jr are disenfranchised. Time will be the test. Then again, I heard that the Russian Investigation has unearthed money laundering to Trumps Business. So many things can happen.

      • websterisback – I know the liberal line is that ‘separate but equal’ was not equal, but in Phoenix, the ‘colored school’ was more than equal. They did not want their high school shut down and the students flushed in the with trashy white kids.

        • So, the gullible fall for the big con, now some people feel empowered, causing this kind of crap to come out of the woodwork? Those white sheets do make you look fat.

        • It does not matter what you have, if you are not geared to learning, you won’t. Regardless of how much money is thrown at it.

          • websterisback – I have meet several of the graduates of that school and they are very accomplished professionals. The alums have now made the school a museum to honor both their accomplishments and their teachers.

      • i was disenfranchised though a natural citizen from birth according to my Certificate of Citizenship because while it clearly said US Citizen she focused on the passport line that said born in UK.

        I had just returned from my umpteenth trip across the pond to the SE Asian War Games. Went to the County commissioners Office and said what do you want support that stance and a lawsuit or register me as a vote and no lawsuit.?

        Where Patriotism failed and so called Common Sense floundered ….dollars talked very loud. Of course having walked in with a friend of mine passing by who was a lawyer helped.

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