Why bother with the uncertainty of an evenly split Supreme Court, or continue to lock horns with Washington State's activist Ninth Circuit? The implementation of President Trump's 90-day travel moratorium is at his fingertips! Per the Immigration Law Institute, at least five of the seven terrorist-infested countries have already been deemed “uncooperative” by refusing to take back their citizens: criminal aliens ordered deported by the U.S. government. Per the Immigration and Nationality Act (INA), Section 243(d), the recipe to safeguard American citizens is clear:
“On being notified by the [Secretary of Homeland Security] that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country after the [Secretary of Homeland Security] asks whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that foreign country to discontinue granting immigrant visas or nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the [Secretary of Homeland Security] notifies the Secretary that the country has accepted the alien.”
Therefore, John Kelly, Secretary of Homeland Security, issues an official notification regarding these troublemaking counties to Rex Tillerson's State Department. He, in turn, immediately halts sending out travel visas. Ipso facto: no visas, no unwelcome overseas visitors. No fuss, no muss: ban achieved.