President Trump and his Justice Department are being urged to go slow on appealing a court's rejection of their travel ban and follow Germany's example and put GPS ankle bracelets on visitors from the seven targeted nations until a final decision is made.
A prominent legal expert said that the administration should wait to appeal until Supreme Court nominee Neil Gorsuch gets to the court, giving Trump a 5-4 majority and in the meantime put the tracking devices on any refugee or visitor.
"Going to the Supreme Court now could result in a widely predicted 4-4 decision," warned George Washington University Law Professor John Banzhaf.
Wait instead, he urged, and in the meantime look to Germany's model of using trackers on those it suspects of having terror ties — not all refugees.
"Imposing such conditions on admission is fully consistent with 8 USC 1182(f) which expressly gives the president the authority to 'impose on the entry of aliens any restrictions he may deem to be appropriate.' It is also more likely to be upheld since it is far less objectionable than a total ban," he said.
Currently, ankle bracelets are widely used by law enforcement and immigration agencies and Banzhaf suggested that it can be expanded and would be accepted by the nation.
"There have now been several major terrorist incidents in which authorities pointed out that they were suspicious of the perpetrator, but did not have sufficient information to arrest him, nor the vast resources necessary to provide effective surveillance of everyone under suspicion. GPS systems incorporated in ankle bracelets permit one agent to track hundreds of suspects in real time, and provide computer generated alerts if he goes anywhere suspicious (e.g., near a nuclear power plant), meets with other persons likewise wearing ankle monitors," he said.
Paul Bedard, the Washington Examiner's "Washington Secrets" columnist, can be contacted at firstname.lastname@example.org