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Rutledge Urges Supreme Court to Stay Ruling on POTUS Travel Proclamation


December 4, 2017

Says, ‘The President is lawfully granted this authority’

LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has filed an amicus brief with the U.S. Supreme Court requesting a stay of a decision limiting the Trump administration’s travel proclamation.

“The Supreme Court must stay this order as further proceedings on this issue are pending,” said Attorney General Rutledge. “The President is lawfully granted this authority to make national security and immigration policy to keep Americans safe.”

Congress has specifically 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.”

“When it comes to deciding the best way to use a sovereign’s power over its borders to manage risk, courts have long recognized that the political branches are uniquely well situated,” explained Rutledge and her colleagues in the brief.

Arkansas is joined in the amicus brief by Alabama, Arizona, Florida, Kansas, Louisiana, Missouri, Ohio, Oklahoma, South Carolina, Texas and West Virginia.

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