Re:DHS will continue to enforce all of President Trump’s Exe...
by maxlybbert on Sunday January 29, 2017 @11:54AM
(#13515007)
News stories I've seen today suggest that the order covers more people than I expected. Even so, people working for DHS are legally bound to enforce the portions of the order that aren't covered by the injunction (and, of course, to honor the injunction for the people it covers).
I understand the DHS statement to simply amount to "we aren't lawyers, so until a judge rules on whether the entire order is constitutional, we have to assume it is and act accordingly. We have lawyers on staff who will tell us how other rulings affect our actions, and how far those rulings go."
It's important to remember that executive orders are legally binding on people who work for the president, but not anyone else. Usually, they say how an ambiguous law will be interpreted, or they add limitations on top of what the law requires.
In this case, the president has directed various people to take certain actions. The courts will have to determine if those actions are legal. It wouldn't surprise me if some actions are legal (cabinet members are supposed to review the policies for the refugee program) and others aren't (prioritize immigrants based on their religion). But DHS doesn't get to conduct its own review of the order; they have to assume the whole thing is legally binding.
If multiple federal courts start granting injunctions against particular parts of the order, then things might change. I'm not sure how that works; although I am sure that government-paid lawyers will conduct their own review of the order, and I strongly suspect that the president has to approve any decisions to not implement a portion of an executive order.