It’s On The Books
>As “progressive” outrage and indignation continue to roil our domestic pot, many criticisms have been aimed at our President-elect Donald Trump. Drawing the most ire is Trump’s plan to halt immigration from mid eastern nations. Critics claim that such a law would be immoral, unconstitutional, and illegal. What the critics are not aware of, apparently, is the fact that such a law is ALREADY ON THE BOOKS!
>I have received an email (thanks L.E.!) that describes the McCarran-Walter Act which was PASSED in 1952.
This law allows for the suspension of entry or imposition of restrictions on entry by the President, when ever the president finds that the entry of aliens or any class of aliens into the United States would be detrimental to the interests of the United States. The President may, by proclamation, and for such a period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non immigrants or impose any restrictions on the entry of aliens that he may deem to be appropriate”.
>So there it is! No legislation needs to be enacted: the law is already there!
>And the McCarran-Walter Act is not a hollow piece of legislation. It’s been used. By none other that Jimmy Carter!
>In 1979 (during the Iran hostage crisis) Mr. Carter banned Iranians from entering the US. Further, he required all Iranian nationals in the U.S. to register, and then deported nearly 15,000 of them.
>So, it turns out that new legislation is not needed. All that’s required is a Justice Department and Immigration Service that will enforce THE EXISTING LAW.
>Now, it is true that the law, going forward, may be challenged in court by its opponents. In fact, it’s first opponent was President Harry Truman who actually vetoed the law when it was first passed. However, it was subsequently enacted by means of a legislative majority override of Mr. Truman’s veto! The law has established both legitimacy and precedent. And with a balanced Supreme Court, any direct challenges may delay, but will not, ultimately, block enforcement.
>By the way, the relevant passages in law (United States Code) can be authenticated. It’s a bit challenging to get to the wording of the law itself, but, with patience it can be done. Googling the topic produces MANY articles. After extensive trial and error, I finally got to www.gpo.gov and then searched for Public Law, 414, June 27, 1952. The long title of the legislation is: “An act to revise laws relating to immigration, naturalization and nationalization and for other purposes.” I then scrolled through the law in PDF format. If, dear reader, you wish to read the relevant passages of law, but wish to save LOTS of time in the process, go directly to Section 212 (e) on page 188. In that subsection, the President’s powers regarding immigration are clearly spelled out, and are true to the synopsis given above.
>By the way, snopes.com’s treatment of this issue is, as is often the case, WRONG! Snopes implies that the law is aimed only at members of organizations that threaten the United States, and therefore does not apply to mideastern immigrants. This is incorrect: the law clearly empowers the President to deny the entry of ANY alien or CLASS of aliens that he feels would be detrimental to the interests of the United Sates.
>It seems clear, therefore, that Mr. Trump’s position on immigration is supported by law, and the position of “progressive” commentators (including snopes.com) are not.