A U.S. District Court judge in Seattle, Washington, temporarily blocked President Donald J. Trump’s executive order suspending refugee resettlement in the United States on Tuesday. The move is part of the latest lawfare efforts by far-left and progressive non-governmental organizations (NGOs) to hamper the Trump administration’s efforts to undo former President Joe Biden’s mass immigration policies.
However, the preliminary injunction, issued by District Court Judge Jamal Whitehead, could be the subject of an emergency appeal by the Trump Department of Justice (DOJ) to the U.S. Supreme Court as it opens concerning constitutional questions. Namely, it appears Judge Whitehead, in issuing the preliminary injunction, has determined that a Congressionally authorized refugee resettlement program falls under judicial rulings and Congressional actions regarding Executive Branch impoundments. According to the Impoundments Act and several court rulings, the President of the United States must generally comply with Congressionally appropriated programs and cannot significantly reduce their funding in contravention of the will of Congress.
In the current instance, though, it is unclear whether President Trump‘s action even constitutes an impoundment. The determination of qualifications for asylum and for immigration into the United States at large generally falls under the purview of the Executive Branch, which enjoys broad national security powers and exceptions. Despite this, Judge Whitehead contends Trump’s executive order is tantamount to an “effective nullification of congressional will,” stating specifically that it abrogates the Refugee Act of 1980, the Administrative Procedure Act, and the Fifth Amendment’s due process clause.
The first two provisions cited by Judge Whitehead can still be circumvented under the President’s broad national security powers, and the Fifth Amendment due process claim appears somewhat nonsensical. What is certain is that the ruling could represent—perhaps prematurely for the Trump White House—the opening salvo in a much broader fight over impoundments.
