Re:Amicus brief on behalf of 97 tech companies
by rayiner on Monday February 06, 2017 @11:19AM
(#13580879)
Permanent residents do not "apply" for reentry. They just need to show their green card and ID upon arriving in the U.S. Likewise, the EO did not merely delay visa applications. It denied entry, without any process, to people whose applications had already been approved and who had already received visas.
If the EO had merely delayed applications for three months pending additional procedures, courts across the country wouldn't be granting TROs to stop enforcement of it.
Delaying a re-entry application 3 months is hardly what passes for "unreasonable" in government circles. The fact that cases can still be reviewed and approved faster if necessary makes this even more reasonable legally.
> (e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States.