Donald Trump has struggled getting any key legislation passed. He has done a ton of great domestic things but we have seen the judicial system let him down.
The first judicial failing came with his travel ban. Both travel bans were completely legal yet it still got blocked by the United States Judicial System.
U.S Code 1182 makes it legal:
U.S Code 1182:
(f) 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. Whenever the Attorney General finds that a commercial airline has failed to comply with regulations of the Attorney General relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Attorney General may suspend the entry of some or all aliens transported to the United States by such airline.
The newest part of Trump’s agenda that has been blocked Trump’s order to withhold federal funds from Sanctuary cities. This is complete judicial overstep. Sanctuary Cities are clearly against Federal Law.
8 U.S. Code 1324 states this:
Any person who—
(i) knowing that a person is an alien, brings to or attempts to bring to the United States in any manner whatsoever such person at a place other than a designated port of entry or place other than as designated by the Commissioner, regardless of whether such alien has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such alien;
(ii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports, or moves or attempts to transport or move such alien within the United States by means of transportation or otherwise, in furtherance of such violation of law;
(iii) knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;
(iv) encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law; or
(I) engages in any conspiracy to commit any of the preceding acts, or
(II) aids or abets the commission of any of the preceding acts,
shall be punished as provided in subparagraph (B).
(B) A person who violates subparagraph (A) shall, for each alien in respect to whom such a violation occurs—
(i) in the case of a violation of subparagraph (A)(i) or (v)(I) or in the case of a violation of subparagraph (A)(ii), (iii), or (iv) in which the offense was done for the purpose of commercial advantage or private financial gain, be fined under title 18, imprisoned not more than 10 years, or both;
(ii) in the case of a violation of subparagraph (A)(ii), (iii), (iv), or (v)(II), be fined under title 18, imprisoned not more than 5 years, or both;
(iii) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) during and in relation to which the person causes serious bodily injury (as defined in section 1365 of title 18) to, or places in jeopardy the life of, any person, be fined under title 18, imprisoned not more than 20 years, or both; and
(iv) in the case of a violation of subparagraph (A)(i), (ii), (iii), (iv), or (v) resulting in the death of any person, be punished by death or imprisoned for any term of years or for life, fined under title 18, or both.
So if both of these are legal what has stopped them from being passed? Well, it is pretty simple, Obama’s judicial holdovers are openly fighting Trump and will block anything that will help his agenda.
The watered down version of Trump’s Travel Ban was blocked by Obama-appointed judge Derrick Watson. During Watson’s time reviewing the Travel Ban Obama was conveniently nearby. Obama’s surprise trip to Hawaii saw him near Watson’s house and the courtroom during the time Watson was reviewing the case.
The Judge that blocked Trump’s order on Sanctuary cities is also an Obama holdover. Judge William H. Orrick, III temporary blocked Trump’s order yesterday.
Here is reporting from Fox news on why he blocked the order:
The ruling from U.S. District Judge William Orrick III in San Francisco said that Trump’s order targeted broad categories of federal funding for sanctuary governments, and that plaintiffs challenging the order were likely to succeed in proving it unconstitutional.
The decision will block the measure for now, while the federal lawsuit works its way through the courts.
The news comes on the heels of the Department of Justice threatening on Friday to cut off funding to eight so-called “sanctuary cities,” unless they were able to provide proof to the federal government that they weren’t looking the other way when it came to undocumented immigrants.
The Federalist uncovered some more news about this judge.
Orrick was nominated to his position by hardline abortion supporter President Barack Obama. He was also a major donor to and bundler for President Obama’s presidential campaign. He raised at least $200,000 for Obama and donated $30,800 to committees supporting him, according to Public Citizen.
It is clear that Obama’s judicial holdovers are in open rebellion against Trump. They are blocking completely legal executive orders because they want to see Trump’s presidency fail.
If we continue to allow our judicial system to have complete disregard for federal law America is going to be in trouble. This is just another example of Donald Trump’s agenda being stalled by Barack Obama.