Current Law Allows Trump to Bypass Court Ruling on Immigration Ban


President Trump has been meeting with his staff in an effort to determine his next move concerning the recent restraining order placed on his executive order on travel and may need to invoke a current federal law if he chooses to bypass the courts completely.

Section 243(d) of the Immigration and Nationality Act allows the president of the United States to “punish uncooperative countries who refuse to take back their citizens when the U.S. tries to deport them.”

Right now, five of the seven countries on Trump’s original temporary ban listing are in violation of this law. These countries are Iran, Iraq, Libya, Somalia, and Sudan.

According to the Immigration Reform Law Institute, President Trump would only have to issue an official notification concerning those countries and the State department would have no choice but to immediately halt all visas.

A spokesman for the ILRI said that in actuality, the present law requires that President Trump issues that notification.

Ian Smith, an investigative associate of the Immigration Reform Law Institute (ILRI), said, “Each of these countries either cannot or are unwilling to take back their citizens, all of whom have either violated our immigration laws or committed crimes against our own. For that reason alone, the Trump administration can and should put a complete halt to their visa privileges. In fact, the law requires it.”

Some of the countries who are in violation of the act are:

  • Iran- Refused to take back 29 criminals
  • Iraq – Refused 33 criminals
  • Sudan – Refused 15 criminals
  • Somalia – Refused 25 criminals and 144 noncriminals
  • Libya – Refused one criminal and one noncriminal

Cuba is also one of the biggest violators of Section 243(d) and refused to take back more than 600 criminals last year.

Syria and Yemen are not on the list, but the ILRI believes this is because the U.S. doesn’t have a “working embassy in those countries,” which causes the inability to process travel documents.

As of now, immigrants whose countries refuse to take them back are released back into the United States, even those individuals with serious criminal records.

Immigrants rights groups have yet to respond to the possibility of President Trump simply invoking this law and bypassing the court process completely.

H/T: Washington Times

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