Congressman Gary Palmer has offered his bill, the Assigning Proper Placement of Executive Action Lawsuits (APPEAL) Act, as an amendment to the new, Democrat-sponsored FUTURE Act, which undermines the President’s authority on restricting the entry of potentially dangerous foreign nationals into the U.S. Congressman Palmer’s amendment seeks to keep any challenge to that authority from being subjected to political gamesmanship.
“The FUTURE Act tries to dismantle the President’s authority in regards to keeping our country safe,” Palmer said. “The executive privilege of suspending or limiting the entry of certain foreign nationals has been used by many Presidents, including Reagan and Obama, to alleviate threats to national security or to avert a major public health crisis. President Trump has exercised this authority recently in an effort to mitigate the spread of the coronavirus (COVID-19). Under the FUTURE Act, that ability for quick and decisive action in an emergency would be severely limited or perhaps taken away altogether. The bill also singles out President Trump, again proving that Democrats are looking for any reason to attack him. Keeping Americans safe from potentially harmful individuals or health threats should not be undermined by partisan politics.”
If enacted, the FUTURE Act would impose significant financial strain on U.S. immigration and customs while also limiting the President’s authority to suspend the entry of people who could pose threats to public safety and public health. Congressman Palmer’s amendment restores some of that presidential authority by preventing litigants who challenge Executive action from ‘forum shopping’ for a court that would likely support their position. It would instead require all challenges to Executive action to be filed in the District of Columbia.