With Donald Trump's election, we have entered into a new era of judicial activism. Now that the left has lost control of the executive and legislative branches, their only option is to impose policy through court rulings — a method one District Court judge seems more than willing to pursue:
A federal District Court judge in Maryland is considering whether he should order President Donald Trump to double the annual inflow of refugees up to 100,000 per year.
Any demand by the judge that the federal government airbus an extra 50,000 migrants — including many adherents of Islam’s sharia legal system — into American neighborhoods would be an unusual intervention into government roles normally left to the elected President and Congress.
If actually implemented, the judge’s plan also would be extremely expensive for Americans, because state and local communities subsidize each new immigrant with roughly $1,600 each per year for decades.
The judge revealed his proposal in a footnote in his March 15 decision where he denounced Trump’s reformist Executive Orders, which sharply curbs the inflow of refugees from war-torn Islamic countries. The judge’s footnote declared:
On February 22, 2017, Plaintiffs filed a Motion for a Preliminary Injunction of S 5(d) of the Executive Order, ECF No. 64, requesting that the Court enjoin a specific provision of the First Executive Order. With the agreement of the parties, the Court set a briefing and hearing schedule extending to March 28, 2017. The Court will resolve that Motion, which the parties have agreed should be construed to apply to the successor provision of the Second Executive Order, in accordance with the previously established schedule.
The language targeted by the judge is in Trump’s first version of the Executive Order, the Jan. 27 E.O. 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States.” The language announced the government’s intention to halve the annual inflow of refugees from the 100,000 level sought by former President Barack Obama, who frequently derided Americans for getting “attached to our particular tribe.”
According to Section 5 of Trump’s January E.O.:
“(d) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any such entry until such time as I determine that additional admissions would be in the national interest.”
Similar language appears in Section 6(b) of the upgraded March 6 E.O. 13780, also titled “Protecting the Nation From Foreign Terrorist Entry Into the United States.”
“(b) Pursuant to section 212(f) of the INA, I hereby proclaim that the entry of more than 50,000 refugees in fiscal year 2017 would be detrimental to the interests of the United States, and thus suspend any entries in excess of that number until such time as I determine that additional entries would be in the national interest.”
The plaintiffs’ request for 100,000 refugees each year was made by lawyers for the International Refugee Assistance Protect, HIAS Inc., a so-called “VOLAG” which is paid by federal agencies to import refugees, and by members of the Middle East Studies Association.
“Judge Chuang’s ruling … leaves the door open for further discussion of our challenges to the refugee ban, an opening we intend to pursue,” said a March 15 statement from HIAS. “So stay tuned for more news as our lawsuit continues.”
But this judge may soon be stopped in his tracks. After failing to defend the initial travel ban in federal courts, the Trump administration has lawyered-up and now appears ready to fend off judicial activism in its tracks. Time will only tell who will prevail in the end.