How to make President Donald Trump's immigration pause stick in court
Fox News' Danamarie McNicholl and law professor John Yoo join 'Fox News Live' to break down the Trump administration's tighter immigration guidelines after two National Guard members were shot and former President Joe Biden's use of the autopen.
President Donald Trump promised to pause Third World immigration. Here's how to make it stick against inevitable court challenges.
First, the president should use his authority under 8 U.S.C. 1182(f), but with a twist. That law authorizes the president to suspend the entry of "all aliens or any class of aliens," whenever he finds their entry would be "detrimental to the interests of the United States." The plain language is broad, encompassing economic and social interests, not just national security. Every president since Ronald Reagan has invoked it. The Supreme Court upheld it in 2018, noting the statute "exudes deference to the President."
However, targeting specific countries invites unnecessary challenges: national origin discrimination, demands for statistical justification, probing the details of how the target list was developed. Courts can pick apart country-by-country distinctions endlessly.
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A universal pause sidesteps all of that and there is a compelling justification.
It is "detrimental" to America’s interests to admit more immigrants when our mechanisms for filtering out welfare cases and asylum fraud are so broken. It might not be so bad if we could quickly fix mistakes, but it now takes forever to deport anyone.
Cite asylum. A DHS study found 70% of asylum applications © Fox News





















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