Tags: Donald Trump | Fox News | Immigration | Judge Nap | Chain Migration

Judge Nap: Only Congress Can End 'Chain Migration'

Image: Judge Nap: Only Congress Can End 'Chain Migration'
Akayed Ullah (AP)

By    |   Tuesday, 12 Dec 2017 03:09 PM

A "chain migration" visa program that allows immigrants to come to the United States to join family members is legal and has been upheld by the Supreme Court, Judge Andrew Napolitano said Tuesday.

Further, President Donald Trump, who has renewed his call for the program to end in light of Monday's terror attack in New York, can't stop it by executive action, Judge Nap said on Fox News' "Fox and Friends" program.

"We know this is legal," Napolitano said. "We know it's been upheld by the Supreme Court. And the vast majority of these people that come here, through this system, come to join family members that are here."

The real issue, he continued, is whether the people who are coming in are being properly vetted first.

"Just because they get to move up in line because they have relatives here, that does not relieve the government of the obligation, to vet them, no matter which country they come from," said Napolitano. "We don't know yet if this guy was vetted."

Suspect Akayed Ullah, 27, was transporting a homemade pipe bomb in a pedestrian tunnel near the Port Authority bus terminal near Times Square on Monday when it went off, injuring him. Ullah came to the United States in 2011 through the family program.

White House Press Secretary Sarah Huckabee Sanders on Monday said if Trump's ban had been in place, Ullah may not have been in the country.

If Ullah was vetted and nothing was found wrong, then that is one thing, Napolitano said Tuesday, but if he was not vetted because of his family status, then the government, under former President Barack Obama, "seriously dropped the ball and jeopardized public safety," said Napolitano.

Most vetting does take place in the country of origin, said Napolitano, but the laws on family migration policies can't change unless Congress wants them to be changed.

Further, there is call to consider Ullah as an enemy combatant and Napolitano said he does not agree with that.

"I think it's a dangerous and slippery slope to attempt to remove constitutional rights," the judge said, and he has faith that the FBI and the New York Police Department will do a more effective job getting the suspect to cooperate than the military would.

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A "chain migration" visa program that allows immigrants to come to the United States to join family members is legal and has been upheld by the Supreme Court, Judge Andrew Napolitano said Tuesday. Further, President Donald Trump, who has renewed his call for the program to...
Judge Nap, Chain Migration
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2017-09-12
Tuesday, 12 Dec 2017 03:09 PM
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