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Local Expert Gives Insight into Executive Order

January 30, 2017 07:08 PM

So what does President Trump's executive order really mean?

And how much power does he have over immigration and travel?

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READ: President Trump's executive order regarding immigration

Political Science and Administrative Law professor at Hamline University, David Schultz, weighed in.

He says presidents have had the power to issue executive orders since the George Washington years.

It allows them to sign their name to something and it's supposed to have some binding effect as real law.

However, they are limited by federal law and the U.S. Constitution.

Less than 24 hours after the President issued his executive order on immigration on Friday, we saw that limitation.

A Federal judge basically said, wait just a minute.

One part of the order the judge said no to, is directed at individuals with green cards, those people who are in the U.S. legally, who may be traveling and want to come back home.

The judge said they are allowed to do that

"There are some things presidents can do with executive orders, some things they can only do with legislation, but there are some things they just can't do," said Schultz. "The fact that Trump already said I'm not targeting Muslims, he's already starting to recognize the fact that the order had problems with it, and he's going to have to back track, there's no way he's going to be able to win this one in court."

He says the judge could have a hearing and offer a quick ruling later this week to offer even more clarity on the executive order.

Schultz says we are in interesting territory.

"Do you ever recall a situation like this? Not since the early 19th Century where President Andrew Jackson defied the U.S. Supreme Court in an order. Would you recommendation be to those who are in this legal limbo? If you are already in the United States with a green card, stay put," Schultz said.

Schultz says another thing that could happen, President Trump could rescind or modify his executive order.

Either way, Schultz thinks things will be a lot more clear by the end of the week.

Credits

Jessica Miles

Copyright 2017 - KSTP-TV, LLC A Hubbard Broadcasting Company

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