The Atlanta lawyer who served as the U.S. Department of Homeland Security’s first general counsel said he believes that President Donald Trump’s executive order suspending the issuance of U.S. entry visas to citizens of seven Middle Eastern and African nations passes constitutional muster.
Joe Whitley—who in 2003 was sworn in as the newly-minted department’s general counsel as the U.S. was invading Iraq—said the Constitution gives the president authority to protect the nation and its borders. Historically that presidential prerogative has been interpreted as a “wide-ranging” control over who and what enters the U.S., whether human beings or goods and merchandise, said Whitley, now a Baker Donelson partner. Trump’s order, he said, is in keeping with that authority.
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