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Speaker 1: Now it's time for our daily Bloomberg Law Brief, exploring

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Speaker 1: legal issues in the news. It's brought to you by

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Speaker 1: American Arbitration Association, International Trade or Business Dispute Resolved Faster

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Speaker 1: with the International Center for a Dispute Resolution, the leader

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Speaker 1: in alternative dispute resolution around the world, i c d

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Speaker 1: R dot org. And Today Bloomberg Law host June Grosso

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Speaker 1: and Michael Best discussed President Donald Trump's executive order on immigration.

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Speaker 1: They speak with David Beer on the immigration policy analyst

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Speaker 1: at the Cato Institute, and Jennifer Chacon, a professor at

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Speaker 1: U c Irvine Law School. David, the lawsuits also, or

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Speaker 1: at least some of them, raise constitutional questions, and the

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Speaker 1: judges seemed to find, at least to some degree that

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Speaker 1: there's a likelihood of success that they might be unconstitutional.

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Speaker 1: What what is the constitutional attack on the order? Well,

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Speaker 1: the main ones that have been talked about so far

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Speaker 1: are uh, dealing with the First Amendment and and targeting

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Speaker 1: of religion. I tend to think that that's probably not

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Speaker 1: going to be a successful tact. It's pretty clear that

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Speaker 1: Congress does have the power to give the president the

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Speaker 1: ability to restrict entry of people however he wants. However,

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Speaker 1: in this instance, the immigration laws are very specific in

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Speaker 1: saying you cannot discriminate based on national origin. When you're

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Speaker 1: talking about immigrant visas people who are coming to the

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Speaker 1: United States to live permanently. In that instance, Congress has

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Speaker 1: has specifically said you cannot take into account national origin,

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Speaker 1: which is what this order does. So at least for

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Speaker 1: those people who are coming to the United States for

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Speaker 1: permanent residency, they could potentially have a claim that he

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Speaker 1: has exceeded his authority from Congress. Do you agree, Jennifer

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Speaker 1: Reduce see any other areas of strength in attacking this.

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Speaker 1: I think one of the difficult these that we have

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Speaker 1: with immigration laws that we still have a great deal

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Speaker 1: of constitutional precedent from the late nineteenth century that stands

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Speaker 1: in place that UM that not only UM grants to

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Speaker 1: the to the federal government, and I would say that's

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Speaker 1: Congress and the President, not the president alone, but grants

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Speaker 1: them great power over immigration law. But it also in

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Speaker 1: the cases like the Chinese exclusion cases, allowed them to

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Speaker 1: exercise that power in ways that discriminated explicitly on the

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Speaker 1: basis of race, UM and UH. And so we have

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Speaker 1: these challenging precedents that are still in place. I do think, though, um,

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Speaker 1: that with the enactment of the of the Immigration and

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Speaker 1: Nationality Act of nine, Congress clearly signaled their intention to

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Speaker 1: bring the United States into an era where immigration law

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Speaker 1: was governed by the same equal protection norms and where

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Speaker 1: the law is quite clearly clear about the fact that

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Speaker 1: the nations should be treated in the uniform way. As

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Speaker 1: Jennifer Chacon, a professor at U c Irvine Law School,

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Speaker 1: and David Bierre, an immigration policy analyst at the Cato Institute,

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Speaker 1: speaking with Bloomberg Law host Jun Grosso and Michael Us.

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Speaker 1: You can listen to Bloomberg Law weekdays at one pm

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Speaker 1: this morning's Bloomberg Law Brief. You can find more legal

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