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    Rutledge: President’s Travel Suspension Executive Order is Lawful

    August 24, 2017

    Files amicus brief with U.S. Supreme Court supporting the executive order

    LITTLE ROCK – Arkansas Attorney General Leslie Rutledge has filed an amicus brief with the U.S. Supreme Court in support of the Trump administration’s temporary travel suspension, which was blocked by two lower courts before the Supreme Court allowed key elements of the executive order to go forward in June.

    Rutledge filed a brief with the Court in early June, urging the justices to stay the injunctions and take the case.

    “The Court must clarify that the President lawfully exercised his authority to temporarily suspend the entry of non-citizens into this country to keep Americans safe,” said Attorney General Rutledge. “The executive branch was given this authority by Congress, and it is unfortunate that activist judges in lower courts have tried improperly to limit the President’s power.”

    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.”

    Rutledge and her colleagues note that the injunctions from the lower courts are contrary to the law, writing, “These injunctions deny the federal government – under a statutory regime crafted by the people’s representatives in Congress – the latitude necessary to make national security, foreign affairs and immigration policy judgments inherent in this country’s nature as a sovereign. The Court should reverse.”

    Arkansas is joined in the amicus brief by Alabama, Arizona, Florida, Kansas, Louisiana, Missouri, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas and West Virginia, along with Gov. Phil Bryant of Mississippi.

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