From
The Huffington Post
It took little more than a week
in office for President Donald Trump to thrust the nation to the brink of a
constitutional crisis.
Late Friday, Trump issued an executive order forbidding millions of
refugees, hundreds of thousands of visitors and 500,000 legal immigrants from seven
majority-Muslim countries from entering the United States. Over the following
48 hours, massive protests erupted in cities and airports nationwide, courts
temporarily blocked major parts of the order, the administration defied the
courts and Democrats called for an investigation into the administration’s
defiance. As the weekend drew to a close, an anonymous White House official proclaimed the whole episode a “massive
success story.”
The federal courts thought
otherwise. On Saturday night, a judge in Brooklyn ordered the Trump administration to stop
deporting refugees and visitors immigration authorities had previously cleared
to enter the country. Two judges in Massachusetts ordered that travelers who
were legally authorized to be in the United States shouldn’t be detained at or deported from Logan
International Airport for a period of seven days. A judge in Seattle
halted the deportation of two travelers. And a
judge in Virginia issued an order requiring the administration to allow lawyers
access to lawful permanent residents — also known as green card holders — whom
Customs and Border Protection agents had detained at Dulles International
Airport on Trump’s instructions.
When federal judges rule,
government officials — up to and including the president — are
supposed to obey or risk being held in contempt of court. A government that
ignored the courts would be able to violate the law and the Constitution at
will. So for more than two centuries, the nation’s courts have had the last
word on what’s legal and constitutional — and what is not. “We are and will
remain in compliance with judicial orders,” the Department of Homeland Security
said in a statement Sunday evening.
But there was little indication
that the Trump administration has fully complied with the court orders — or
that Trump’s inner circle even believed the administration had to do so.
“Saturday’s ruling does not
undercut the president’s executive order,” a senior White House official told NBC News midday Sunday in reference to
the Brooklyn judge’s decision. “All stopped visas will remain stopped. All halted
admissions will remain halted. All restricted travel will remain prohibited.”
“I am now of the belief that
though this was issued by the judicial branch, that it was violated tonight,”
Booker said, brandishing the order. “And so one of the things I will be doing
is fighting to make sure that the executive branch abides by the law as it was
issued in this state and around the nation. This will be an ongoing
battle ... I believe it’s a constitutional crisis, where the executive
branch is not abiding by the law.”
The next morning, four Democratic
members of the House of Representatives went to the airport and tried and failed to convince CBP to obey the
order.
“We have a constitutional crisis
today,” Rep. Don Beyer (D-Va.), one of the four House members who went to the
airport, tweeted Sunday.
”I am deeply disappointed by what happened at Dulles… and how the order was ignored,” Booker added later. “There must be accountability for this.”
Detentions continued in
California, too, according to the state’s junior senator.
“I have received reports from
attorneys in CA that agents are continuing to deny or delay entry to America to
visa holders and others,” Sen. Kamala Harris (D-Calif.) tweeted shortly before 8 p.m. Sunday. “This
violates the federal court orders and it is imperative [Homeland Security
Secretary John Kelly] ensures all staff are notified and comply with the law.”
On Sunday night, Sens. Tammy
Duckworth (D-Ill.) and Richard Durbin (Ill.), the second-highest-ranking
Democrat in the Senate, sent a letter to the Department of Homeland
Security’s inspector general requesting an investigation into the agency’s
handling of Trump’s executive order and response to the court rulings. The
senators asked the IG to figure out whether any CBP officers disobeyed court
orders, what they did, and who ordered them to do it.
“The United States Constitution
means little if law enforcement agents disregard it,” Duckworth and Durbin
wrote. “The American people are relying on your independent investigators to
serve as a check against a powerful law enforcement agency that may be
... operating in violation of the law.”
The weekend’s events had all the
makings of a constitutional crisis, two law professors told HuffPost.
Disobeying a court order “is a
big deal for any government official — federal, state, local, executive,
legislative, whatever,” said Abner Greene, a law professor at Fordham
University. “Obedience to specific court orders is what keeps us from being a
banana republic or fascist dictatorship. That’s a really big deal.”
The chaos “doesn’t just risk a
constitutional crisis,” argued Michael Dorf, a professor at Cornell Law School.
“Assuming the report is accurate, it creates one.” If the Trump administration
believes that the court orders limiting the president’s executive order are
unlawful, it can file an emergency appeal, Dorf noted. But “outright defiance,”
he added, “can only be deemed disrespect for the rule of law.”