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“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. 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.

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