Trump Adviser Stephen Miller: 'A District Judge in Seattle Cannot Make Immigration Law for U.S.'

By Susan Jones | February 13, 2017 | 5:37am EST
White House Senior Adviser Stephen Miller (AP File Photo)

( - Making the rounds of the Sunday newsmaker shows, Stephen Miller, a White House Senior Policy Adviser, said President Trump's authority to suspend the entry of aliens into this country is "beyond question," both in law and according to the Constitution.

Miller said the federal judges who temporarily restrained Trump's executive order, both at the district and appeals court level, were "overreaching."

"The bottom line is that a district judge, a district judge in Seattle, cannot make immigration law for the United States, cannot give foreign nationals and foreign countries rights they do not have and cannot prevent the President of the United States from suspending the admission of refugees from Syria," Miller told  NBC's "Meet the Press."

Miller said something similar to "Fox News Sunday":

The Ninth Circuit has a long history of being overturned and Ninth Circuit has a long history of overreaching. We don't have judicial supremacy in this country. We have three coequal branches of government.

The Ninth Circuit cannot confer on to a Yemeni national living in Yemen, with no status in our country a constitutional right to enter our country. Such a right to exist, Chris, that would mean every time we denied a visa to a foreign national, they can sue an American court for damages for lost benefits in terms of welfare and employment. That would be ludicrous.

Eighty million people visited this country through airports, land ports, and seaports. Of course, the president has the authority to impose moderate, necessary and sensible restrictions, including putting in place new vetting procedures to protect this country. That power was delegated to him explicitly by Congress, and adheres to him under its Article 2 powers under the U.S. Constitution.

Miller said the rulings from both the district judge in Seattle and the 9th Circuit Court of Appeals were "a judicial usurpation of power."

"We will fight it," Miller promised. "And we will make sure that we take action to keep from happening in the future what's happened in the past. "

Miller said the Trump administration is considering its options, including seeking an emergency stay with the Supreme Court; asking the full 9th Circuit court of appeals to hold an emergency hearing on the temporary restraining order; or returning to the trial court in Seattle and requesting a "trial on the merits."

The option considered most likely is for Trump to issue a new executive order replacing the contested one.

Miller told "Fox News Sunday," "Our immigration system should not be a vehicle for admitting people who have anything but love in their hearts for this nation and this Constitution."

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