Many Trump critics are claiming that the immigration and naturalization act of 1965 prohibits refusing entrance to people based on national origin. I’m a lawyer and I read the law and you’re partially right.
But so what? Probably a shocking question until you consider the fact that Trump’s actions, regardless of what the law says, can easily now be justified. For example, doesn’t president trump have “prosecutorial discretion?” If Barack Obama can refuse to deport people who would otherwise be subject to deportation (DACA DAPA) because he waives the flag of prosecutorial discretion, why can’t president Trump refuse to issue visas for those from certain nations? we have limited resources and the president has authority to determine where those resources should be most effectively applied.
This justification for presidential action has been upheld by several federal courts. Of course the District Court in Texas ruled against Barack Obama’s abuse of prosecutorial discretion in an immigration lawsuit brought by the state of Texas. But that federal judge was then attacked personally for his decision.
Sure… Strictly speaking Donald Trump’s executive order can be interpreted as being against the law. But as I asked earlier, so what? So was Barack Obama’s executive orders refusing to deport those who legislation said were here illegally. Barack Obama could have enforced the immigration law that was on the books. But he didn’t. He wanted the immigration law changed. When Congress refused to change it, he took it upon himself to decide who would be deported and who would be allowed to remain in the country under the claim of prosecutorial discretion.
This is why conservatives like me have been so much against the bullshit claim of prosecutorial discretion put forth by the Obama administration to justify him imposing what he wanted the law to be instead of what it actually was.
Of course for eight years those of us who criticized Barack Obama’s abuses of his office were called racists and bigots. We were written off as extremists because we didn’t agree with the President at the time refusing to enforce the laws that were on the books. We were criticized for not wanting Latinos in the country. That was never the issue at all. It was about following the laws which every president takes an oath to do.
If you think I’m angry you’re right. I am angry that our presidents have now been turned into de facto kings. I am angry that the Democratic Party no longer wishes to have policy debates or discussions about the proper role of government, instead choosing to throw around accusations of bigotry. I am angry that millions of Americans are constantly dismissed as racist when they raise legitimate concerns about the growth of government or the openness of our borders.
The advantage Obama supporters had for the last eight years was you were in the majority. You had the White House and congressional Republicans are spineless sheep. However, as so often happens, popular opinion changes. Now you’re in the minority. So as you sit at your computers and sneer at Donald Trump and his supporters, biting your fingernails over concerns that the current president is not faithfully executing the laws, take a hard long look in the mirror. President Obama and the Democratic Party contributed to the world we now live in where presidents can choose which laws they wish to follow. Thank you. You guys did a hell of a job