News Releases

    Rutledge Urges U.S. Supreme Court to Uphold Constitutionality of POTUS Authority to Temporarily Suspend Entry of Non-Citizens

    June 6, 2017

    Files amicus brief asking Court to hear case and reverse 4th Circuit’s decision enjoining executive order

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has filed an amicus brief

    with the U.S. Supreme Court, urging the justices to grant a stay and ultimately reverse the 4th Circuit Court of Appeals ruling enjoining the President’s executive order.

    “I am urging the U.S. Supreme Court to reverse the lower court’s injunction and clear the way for the President to exercise his legal authority to temporarily suspend the entry of non-citizens into this country to keep Americans safe,” said Attorney General Rutledge.

    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. In urging the Court to grant the petition and stay of application, it is noted that the lower court’s injunction “is contrary to law, and it denies the federal government – under statutory regime crafted by the representatives from the States in Congress – the latitude necessary to make national-security, foreign-affairs and immigration 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 attorneys general from Alabama, Arizona, Florida, Kansas, Louisiana, Montana, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee and West Virginia, as well as the Governor of Mississippi.

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