In a committee oversight hearing on the refugee admissions program, House Representative Steve King accused “rogue” judges who have blocked Trump’s unconstitutional Muslim ban of overstepping their powers. In his statement, King – who has championed Trump’s Muslim ban and been an outspoken anti-Muslim advocate on Capitol Hill – reveals a disturbing misunderstanding of the system of checks and balances provided by the U.S. constitution and an alarming ignorance of immigration legislation in this country.
“I hope that this full Judiciary Committee one day soon addresses the rogue judges that we have in this country, and this includes also Judge Watson out in Hawaii and the judge in Washington that seem to be the venue shopping people that decide that they’re going to challenge the statutes of the United States duly passed by the United States Congress and signed into law by the president of the United States,” King said. He followed the statement with the assertion that Congress “doesn’t say that a judge anywhere can look over his shoulder and determine that his judgement is flawed and their judgement is superior,” ignoring an essential characteristic of U.S. government — the separation of powers.
It is, in fact, the judicial branch’s duty to step in when Congress or the President is in violation of the Constitution. Judges, tasked with interpreting the law, have seen Trump’s Muslim ban as a clear violation of the religious liberty and due process afforded to citizens and immigrants alike by the U.S. Constitution. King peddling the idea that these judges are violating the Constitution demonstrates how far Trump’s backers have drifted away from foundational principles to back his outrageous discriminatory actions. Furthermore, the charge that plaintiffs are venue shopping, or choosing to bring claims in certain jurisdictions or before particular judges, is absurd considering that there are individuals impacted by this ban in nearly every jurisdiction in the U.S.
In addition, King’s retrograde views on immigration policies, although unsurprising from a man who has displayed a Confederate flag on his desk, are not based on fact. “It’s very clear,” King said, “Congress has granted the President the authority to determine who comes and who goes from the United States of America with the security interests of America in mind,” seemingly basing this assertion on outdated legislation.
Congress adopted a provision in 1952 stating that the president “may by proclamation and for such period as he shall deem necessary, suspend the entry of all aliens and any class of aliens as immigrants or non-immigrants,” although this provision was essentially nullified when the Immigration and Nationality Act passed in 1965. While the president is still granted wide authority on the subject of immigration, this legislation banned discrimination against immigrants on the basis of national origin, something that Trump’s Muslim ban clearly does.
The judicial branch’s injunctions against this ban clearly rest on firm legislative and constitutional grounds. Any attempts by King to characterize these judges as legislating from the bench blatantly ignore both historical precedent and constitutional law.
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