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Issues such as immigration, citizenship, admissions, deportations are political questions. They are not Judicial ones.
Congress has plenary power over this.
Not the courts.
Congress has very narrowly limited the courts scope here (immigration courts are part of the Executive Branch, Judicial courts of appeals can only rule upon the facts, and district courts have basically no say). That is what "separation of powers' is all about.
That's also why there is talk about the Administrative Procedure Act. Because there is really no other opening.
Congress has ceded some of their authority to the president with respect to national security issues.
So maybe Harvard can't be forced to give up the information requested.
But it doesn't matter. Because the Executive can do what he is threatening to do, because the branch of government that has the power on the subject has ceded (some of it) it to them.
That's the end of the story.
I really can't say how accurate the above is, but I must admit it is cogently written.
I think I do agree that Trump's use of "war/emergency powers" will be the key issue in many of these cases.
But again, this is very well written - which is something I respect!
