For a second time, Hawaii Judge Derrick Watson has ruled President Donald Trump’s Executive Order on Immigration “unconstitutional,” but this time it appears Judge Watson has a say on the refugee ceiling portion of the order, as well.
According to Refugee Resettlement Watch, originally, Watson had left the “refugee pause” and “ceiling” of Trump’s executive order out of his restraining order. When the Department of Justice asked him if his new ruling applied to Trump’s refugee moratorium, Watson essentially responded in the affirmative.
The Justice Department responded to his decision, stating, “The Government is, in effect, asking the Court to modify its existing injunction based on a proposed limitation that it could have — but did not — previously seek, and on the basis of arguments this Court has already rejected. The procedural defects are obvious.”
Refugee Resettlement Watch noted that the president, alone, has the power to set the refugee ceiling in the Refugee Act of 1980.
The report then quoted Bill Frelick of Human Rights Watch in a statement he had made following Trump’s win:
“In the U.S., there’s not a quota that has to be filled,” Frelick said. “The U.S. has a budgeted amount of money to do refugee resettlement, but there’s no requirement that the U.S. resettle a single refugee, and there’s no legal obligation to do it.”
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