Bill Text: NJ AR138 | 2016-2017 | Regular Session | Introduced
Bill Title: Condemns immigration Executive Order and firing of Acting Attorney General; supports other states' legal action against immigration ban.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2017-02-15 - Filed with Secretary of State [AR138 Detail]
Download: New_Jersey-2016-AR138-Introduced.html
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
Assemblywoman SHAVONDA E. SUMTER
District 35 (Bergen and Passaic)
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblywoman ELIZABETH MAHER MUOIO
District 15 (Hunterdon and Mercer)
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Condemns immigration Executive Order and firing of Acting Attorney General; supports other states' legal action against immigration ban.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution condemning the United States Executive Order concerning immigration and the firing of the Acting Attorney General, and supporting legal action by other states against the immigration ban.
Whereas, President Donald Trump signed an Executive Order on January 27, 2017 selectively banning entry of immigrants and nonimmigrants from seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days; suspending refugee admission for 120 days; and barring all Syrian refugees from entering the United States indefinitely; and
Whereas, The ban reportedly has resulted in individuals with legal resident status and valid visas being denied entry into the United States, many of whom have been trapped overseas and separated from their families; and
Whereas, Those reportedly denied entry include children, students and professors of United States institutions of higher education, employees of United States corporations, and Iraqis who have worked with the United States military against militant extremist groups in their own country; and
Whereas, The states of Washington and Minnesota have challenged the ban in federal court on the grounds that it violates the equal protection, establishment, and due process clauses of the United States Constitution and the federal Immigration and Nationality Act of 1965; and
Whereas, Judge Robart of the Federal District Court in Seattle, Washington issued a temporary nationwide restraining order halting the President's Executive Order; and
Whereas, President Trump's reaction was to immediately ridicule the Judge referring to him as a "so-called Judge"; and
Whereas, The President's action disrespects the separation of powers which forms the basis of our government; and
Whereas, More than 15 Attorneys General have filed an amicus brief supporting the court's temporary stay against the Executive Order; and
Whereas, Nearly 100 United States corporations have filed an amicus brief opposing the President's immigration ban, arguing that American workers and the economy will suffer; and
Whereas, The President of the United States fired the Acting Attorney General of the United States for refusing to defend the Executive Order, as she was not convinced the Executive Order was lawful, and as such, not consistent with her responsibility to uphold the laws of the United States; and
Whereas, Firing the Acting Attorney General for upholding her oath of office sends a negative message to top-level federal Executive Branch employees, likely having a chilling effect on their willingness to speak truth to power and uphold their responsibilities; and
Whereas, The immigration ban is arbitrarily directed at those adhering to one specific religion, violating one of the United States Constitution's most fundamental tenets, the freedom of religion; and
Whereas, The United States has always been a nation that welcomes and protects those seeking to practice their religious beliefs without fear of government interference or persecution; and
Whereas, The United States is a nation of immigrants, built by those seeking a better life for themselves, their families, and generations to follow; and
Whereas, The State of New Jersey, home to Ellis Island, celebrates the diversity of our residents and takes pride in the contributions made to our great State by immigrants, past and present, who came to our shores "yearning to breathe free"; and
Whereas, A brief has been filed by former Central Intelligence Agency and Department of State officials countering the President's national security arguments, claiming the ban "could do long-term damage to our national security and foreign policy interests, endangering U.S. troops in the field and disrupting counterterrorism and national security partnerships. It will aid ISIL's propaganda effort and serve its recruitment message by feeding into the narrative that the United States is at war with Islam. It will hinder relationships with the very communities that law enforcement professionals need to address the threat"; and
Whereas, Approximately 900 United States Department of State diplomats have signed a dissent memo opposing the President's ban as it "stands in opposition to the core American and constitutional values that we, as federal employees, took an oath to uphold"; and
Whereas, The memo cautions that the ban "will immediately sour relations" with governments that are "important allies and partners in the fight against terrorism, regionally and globally"; and
Whereas, In addition to the ban being ill-conceived and mean-spirited, the processes associated with the ban were mismanaged, including the reported failure to allow for legal review by the Department of Homeland Security; and
Whereas, The mismanagement extended to the implementation of the ban which resulted, in part, in individuals being detained in airports across the country and, despite an order to do so by a New York District Judge, the federal government has yet to produce a list of these individuals; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House condemns the Executive Order signed by President Trump suspending immigration for 90 days from seven Muslim-majority countries; suspending all refugee admissions into the United States for 120 days; and indefinitely barring all Syrian refugees from entering the United States.
2. This House condemns the firing of the Acting Attorney General for refusing to enforce the ban which she deemed unlawful.
3. This House extends its support to the states of Washington and Minnesota in their legal fight against the President's immigration ban.
4. This House urges the New Jersey Attorney General to join his fellow Attorneys General in their amicus brief supporting a federal district court's stay of the ban.
5. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President and Vice President of the United States, the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, every member of Congress elected from New Jersey, and the New Jersey Attorney General.
STATEMENT
This Assembly resolution condemns the United States Executive Order concerning immigration and the firing of the Acting Attorney General, and supports other states' legal action against the immigration ban.
Specifically, the resolution condemns the Executive Order signed by President Trump suspending immigration for 90 days from seven Muslim-majority countries; suspending all refugee admissions into the United States for 120 days; and indefinitely barring all Syrian refugees from entering the United States.
In addition, the resolution condemns the firing of the Acting Attorney General for refusing to enforce the ban which she deemed unlawful; extends its support to the states of Washington and Minnesota in their legal fight against the President's immigration ban; and urges the New Jersey Attorney General to join his fellow Attorneys General in their amicus brief supporting a federal district court's stay of the ban.
President Donald Trump signed an Executive Order on January 27, 2017 selectively banning entry of immigrants and nonimmigrants from seven Muslim-majority countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen for 90 days; suspending refugee admission for 120 days; and indefinitely barring all Syrian refugees from entering the United States.
The ban reportedly has resulted in individuals with legal resident status and valid visas being denied entry into the United States, many of whom have been trapped overseas and separated from their families.
The states of Washington and Minnesota have challenged the ban in federal court on the grounds that it violates the equal protection, establishment, and due process clauses of the United States Constitution and the federal Immigration and Nationality Act of 1965.
Judge Robart of the Federal District Court in Seattle, Washington issued a temporary nationwide restraining order halting the President's Executive Order. More than 15 Attorneys General have filed an amicus brief supporting the court's temporary stay against the Executive Order.
President Trump fired the Acting Attorney General of the United States for refusing to defend the Executive Order. She was not convinced the Executive Order was lawful, and as such, not consistent with her responsibility to uphold the laws of the United States.
The immigration ban is arbitrarily directed at those adhering to one specific religion, violating one of the United States Constitution's most fundamental tenets, the freedom of religion.
The United States has always been a nation that welcomes and protects those seeking to practice their religious beliefs without fear of government interference or persecution. The State of New Jersey, home to Ellis Island, celebrates the diversity of our residents and takes pride in the contributions made to our great State by immigrants, past and present, who came to our shores "yearning to breathe free."
