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Hawaii Judge Rules Muslim Refugees Have a Constitutional Right to Come to the United States

U.S. District Judge Derrick Watson must be impeached immediately.  His ruling on the travel ban enacted by Donald Trump is one of the most dishonest and unconstitutional ever handed down by any judge in the history.  Whether you believe that he was acting on his ideology (I do) or whether you believe this SOB is totally ignorant of the law and the constitution, he does not belong on the bench.

First of all, he is a district judge and he issued a ruling that no other judge in America has the right to rule on this case.  Only one court in the United States has that power, the Supreme Court of the United States.  Secondly, there is no constitutional right to immigration.  Both the congress and the constitution gives the president the right to deny entry into the country based national security.

First, nationwide injunctions for non-party plaintiffs are not supposed to happen. A district judge presides over his district, not the nation. He should not overrule other judges, nor dictate his opinions on the whole nation. The law does not make him a single judge Supreme Court. The Supreme Court itself warned against issuing any relief not individually and specifically necessary to the plaintiffs before the court. Noting that “neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs,” the Supreme Court warned against extending its reach beyond “the particular federal plaintiffs” in the case.

The Ninth Circuit itself even admits this. The “principles of comity” compel that a court should not grant national relief when doing so would “create tensions” with courts in other circuits and “would encourage forum shopping.” The Ninth Circuit further reinforced that: “A federal court…may not attempt to determine the rights of parties not before the court.” What kind of case was that the Ninth Circuit saying not to extend your ruling beyond the plaintiffs in front of you? An immigration case (Nat’l Cir. for Immigration Rights v. INS, 743 F.2d 1365 (9th Cir. 1984). The Ninth Circuit repeated this principle again and again. That is why the Supreme Court reversed a California judge’s order just like this Hawaii judge’s order — imposing a national ban beyond his limited district jurisdiction of the parties before him.

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Second, there is no constitutional right to a visa or a right of immigration or emigration. A quick recap of key Supreme Court decisions explains why. Aliens “outside the country receive no constitutional protection.” The Supreme Court repeatedly held an alien seeking initial admission to the United States “requests a privilege, and has no constitutional rights regarding his application, for the power to admit or exclude aliens is a sovereign prerogative.” Thus, the President “may shut out aliens” whenever the President determine such “entry would be prejudicial to the interests of the United States.”

This POS judge was appointed by Muslim in Chief Imam Barack Obama.  He ruled that Muslims in other countries have a constitutional right to migrate to the US and neither congress, the president or the constitution :

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The judge then prevented every other judge and every other state from following the President’s order, the judge making himself a one-man Supreme Court and substitute President.

The judge then held that American universities and immigrants living here can prohibit America from ever limiting immigration from Muslim-heavy countries, claiming the First Amendment gives Muslim-dominant nations a right of immigration to America.

(f)Suspension of entry or imposition of restrictions by President

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 law is clear in the power it gives the President, in the statute cited above — 8 U.S.C. 1182(f). Like the Ninth Circuit decision before, the Hawaii judge goes out of his way to pretend this statute does not exist. Indeed, it is never addressed in any real way in the court’s entire opinion (much of which appeared pre-written prior to the oral argument).

Time for this chump to go.

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