Immigration

About that DHS “draft report”

Featured image The AP breathlessly reports that a “DHS report disputes threat from banned nations.” The headline is false. The document in question isn’t a DHS report; it’s a draft document (as the story acknowledges) that someone in DHS leaked to the AP. The document in question is a three-pager that’s apparently based solely on open-source material. It may be something an anti-Trump bureaucrat threw together in order to embarrass the president »

Will We Always Have Paris?

Featured image Every time President Trump gives a speech, it seems, the left-wing apparatus goes into overdrive to push back. Today’s CPAC speech prompted liberal responses on several fronts, one of which related to Paris. Trump was talking about immigration and national security. This is what he said: At the same time, we fully understand that national security begins with border security; foreign terrorists will not be able to strike America if »

Immigration Law Enforcement Begins

Featured image John Kelly, Secretary of the Department of Homeland Security, has issued two memoranda, directed to the relevant federal agencies, that implement the executive orders on immigration that President Trump signed in the first days of his administration. The orders are reproduced below, so you can study them for yourself. The main thrust of the memoranda is to tell ICE and the other agencies that the nation’s immigration laws are now »

Trump’s immigration guidance: the return of sensible law enforcement

Featured image The Trump administration, via the Department of Homeland Security, has published a memorandum detailing new guidance on immigration enforcement. Andy McCarthy offers an analysis of the guidance upon which I cannot improve. Here is Andy’s short version: “Henceforth, the United States shall be governed by the laws of the United States.” The guidance eschews the idea of trying to round-up and deport all illegal immigrants. As a candidate, Trump himself »

Why the Acosta nomination is very bad news for conservatives

Featured image When the left sinks a Trump appointee, or the appointee sinks himself, the left doesn’t necessarily win. The left wins only if the replacement is more appealing to it than the original guy. Unfortunately, Alex Acosta, the replacement for Andrew Puzder at the Department of Labor, is vastly more appealing to the left than Puzder was. The Acosta selection represents a win for the left and a defeat for conservatives. »

Immigrant workers get fired trying to prove a point

Featured image Last Thursday was “A day Without Immigrants” day. In an organized protest against President Trump’s immigration views and aborted executive order, thousands of immigrants stayed home from work. The idea was to demonstrate their indispensability. For the immigrants, there was obvious risk associated with skipping work. An employee who turned out to be dispensable might be fired for not showing up. For an employee who is indispensable but replaceable, the »

This Politician Makes the Most Sense on Illegal Immigration

Featured image I have been waiting a long time for a politician to come along who has exactly the right view of illegal immigration. Finally, I have found him: I guess this was before the Democrats figured out how much money can be made by betraying American workers. Note that Obama was quite a bit to Trump’s right on immigration. Trump is actually a squish, if you take his pronouncements seriously. He »

More Evidence that Trump Was Right About Sweden

Featured image In his Melbourne, Florida speech, President Trump mentioned European countries that have problems resulting from immigration from Islamic countries, including Sweden: Sweden, who would believe this. Sweden. They took in large numbers. They’re having problems like they never thought possible. That prompted a response from Swedish authorities, who say that everything is going swimmingly and the many thousands of refugees it has accepted are integrating well. Right. There is a »

What will Trump’s new travel ban look like?

Featured image The Trump administration has decided not to continue litigating over its executive order on travel. Instead it will issue a new order that addresses the main concerns expressed by the Ninth Circuit. What changes will this entail? Jacob Sullum at Reason identifies the three changes he expects to see. First, he says, the new order will explicitly exclude lawful permanent residents from the travel ban. The key word here is »

CRB: Sanctimony cities

Featured image This morning we conclude our preview of the new (Winter) issue of the Claremont Review of Books. Thanks to our friends at the Claremont Institute, I have read the new issue in galley to select three pieces to be submitted for the consideration of Power Line readers. As always, wanting to do right by the magazine and by our readers, I had a hard time choosing. You, however, can do »

The case of Margarita Del Pilar Fitzpatrick

Featured image Of course noncitizens never vote, a faithful reader sarcastically writes. Our reader practices immigration law and directs us to the Seventh Circuit opinion in Fitzpatrick v. Sessions, hot off the press yesterday in the United States Court of Appeals for the Seventh Circuit. The Seventh Circuit opinion briefly summarizes the factual background: Margarita Del Pilar Fitzpatrick, a citizen of Peru, had lived in the United States for three years when »

Is It “Deeply Offensive” to Enforce the Law?

Featured image It is, apparently, if the law relates to immigration. At Penn State, someone put up posters urging students and others to report violations of the immigration laws. This is the poster: Is it a civic duty to report illegal aliens? That is certainly a defensible position. In general, citizens should cooperate with law enforcement. But Penn State’s administration didn’t see it that way: “The posters are unsigned and appear to »

Somebody get me out of here

Featured image The federal courts of appeals routinely operate in randomly assigned panels of three judges. Appeals from their decisions may be taken to the United States Supreme Court and are heard mostly as a matter of the Supreme Court’s discretion. When a federal appellate decision conflicts with a previous decision of the same court, or with a decision of the United States Supreme Court, or (more rarely) presents a question of »

Why the 9th Circuit Order Was Wrong, and What Trump Should Do About It

Featured image At Defining Ideas, Michael McConnell, a former federal appellate judge and now a distinguished professor at Stanford Law School, addresses the 9th Circuit panel’s decision denying the Trump administration’s motion for an emergency stay, and finds it wanting. Michael makes the same point I made here, but he makes it better: The Ninth Circuit did not hold that aliens abroad who do not presently hold visas or green cards have »

A Ninth Circuit footnote [With Comment by John] [Updated]

Featured image The Ninth Circuit has ruled against the Trump administration’s motion for a stay pending appeal of Judge Robart’s order restraining the Trump administration from enforcing the executive order calling a brief timeout on the admission of refugees from seven designated countries (a/k/a “travel ban”) in the Ninth Circuit just concluded. This can’t be a surprise to anyone who tuned in to the oral argument of the motion. The Ninth Circuit »

The Ninth Circuit’s ruling — limited in impact but full of mischief

Featured image Dan McLaughlin at NRO has written a good analysis of the Ninth Circuit’s ruling against the Trump administration’s travel ban. His analysis is comprehensive. In this post, I will quote what I consider the most significant portion: [T]he court found that the government was not likely to win its case – the standard on a preliminary injunction, before all the evidence has been heard – on whether the executive order »

9th Circuit’s Opinion Is Wrong, But Its Impact Is Limited

Featured image As Paul has already noted, a three-judge panel of the 9th Circuit Court of Appeals has denied the government’s motion for an emergency stay of the order entered by Judge James Robart blocking implementation of President Trump’s temporary travel ban. The decision is a bad one, I think, but it also has only limited import and won’t stand in the way of more carefully crafted orders to be issued in »