Files amicus brief asking 4th Circuit to reverse district court’s ruling enjoining the executive order
LITTLE ROCK – Arkansas Attorney General Leslie Rutledge believes the President of the United States has the statutory and constitutional authority to temporarily suspend entry of aliens seeking to enter the U.S.
Today, with 12 other states, Rutledge has filed an amicus brief with the 4th Circuit Court of Appeals, urging the Court to grant a stay and ultimately reverse the lower court’s ruling enjoining the executive order.
“The President has the authority under the law to temporarily suspend entry of aliens into this country,” said Attorney General Rutledge. “I have been disappointed by the activism of many judges at the lower court level to enjoin this revised order, which was drafted in close consultation with the affected agencies and uses precise language to clear up any misconceptions about what individuals are covered. The President and his team, who receive classified intelligence briefings, are in a better position to determine how best to keep this country safe and that is why Congress has delegated this authority to the executive branch. The safety and security of the American people is the President’s top priority, and this executive order falls within the scope of his lawful authority.”
Congress has granted the President broad authority under 8 U.S. Code § 1182 which says, “whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”
Rutledge and her colleagues point out in the brief that the states do not have the authority to temporarily suspend entry, instead relying on the executive branch of the federal government to keep citizens safe. The Attorneys General write, “The district court’s ruling is thus an intrusion into national security, foreign affairs and immigration powers possessed by the Executive and delegated by Congress. The injunction is contrary to law, and it threatens amici’s interests by denying the federal government – under a statutory regime crafted by the states’ elected representatives in Congress – the latitude necessary to make policy judgments inherent in this country’s nature as a sovereign.”
Rutledge joined the brief, which was led by Texas Attorney General Ken Paxton, along with the attorneys general from Alabama, Arizona, Florida, Kansas, Louisiana, Montana, Oklahoma, South Carolina, South Dakota, West Virginia, as well as the Governor of Mississippi.
About Attorney General Leslie Rutledge
Leslie Carol Rutledge is the 56th Attorney General of Arkansas. She is the first woman and first Republican in Arkansas history to be elected to the office. Since taking office, she has begun a Mobile Office program, a Military and Veterans Initiative, a Metal Theft Prevention program and a Cooperative Disability Investigations program. She has led efforts to teach internet safety, combat domestic violence and make the office the top law firm for Arkansans. Rutledge also serves as Vice Chairwoman of the Republican Attorneys General Association and re-established and co-chairs the National Association of Attorneys General Committee on Agriculture.
A native of Batesville, she is a graduate of the University of Arkansas and the University of Arkansas at Little Rock William H. Bowen School of Law. Rutledge clerked for the Arkansas Court of Appeals, was Deputy Counsel for Gov. Mike Huckabee, served as a Deputy Prosecuting Attorney in Lonoke County and subsequently was an Attorney at the Department of Human Services before serving as Counsel at the Republican National Committee. Rutledge and her husband, Boyce, have a home in Pulaski County and a farm in Crittenden County.