OPINION:
NBC is reporting the Trump administration plans on redrafting its immigration executive order so that it will pass muster through the court system. This is a smart move.
First, it will put an end to the court battle that has engulfed the current order. On Thursday evening, the liberal 9th U.S. Circuit Court of Appeals unanimously upheld a ruling by a lower court judge that issued a temporary restraining order on President Trump’s executive order barring nationals from seven terror plagued countries U.S. entry.
If the administration chose to challenge the decision in the courts, it would eventually make its way to the Supreme Court, where evenly split judges would toss the decision back to the 9th Circuit. Given the liberal activism on that court, the outcome probably wouldn’t be good news for the Trump administration.
Rewriting the executive order would make the old order moot, thereby rendering those lawsuits moot. It would be a fresh start.
The new order could also go through a more formal and thorough inter-agency review, ensuring a smoother roll-out. It was the messy, disorderly roll-out that left many travelers stranded or delayed that helped lead to its defeat in court, giving Washington state and Minnesota standing.
A more narrowly drafted executive order should also clearly exempt green-card holders from the travel ban, as to alleviate a key issue with 9th Circuit.
Pausing refugees from terror-ridden countries on behalf of national security is a constitutional right for a president. Then-President Barack Obama did it in 2011 when he banned refugees from Iraq for six months. Mr. Trump is well within his bounds to do a 90-day ban with Iran, Sudan, Libya, Somalia, Syria, Iraq and Yemen — all of which, with the exception of Iran — don’t have stable central governments that can properly vet these refugees.
It’s a common sense policy that many Americans agree with. It was a tenant of Mr. Trump’s campaign promise: stronger, more thorough vetting. Making America safe again.
And it’s well within his constitutional rights — matter of fact, it’s his responsibility.
It’s time to start again, Mr. Trump.
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