USA TODAY International Edition

Shut the spigot, seal the leak

- By Ken Paxton Ken Paxton is the Texas attorney general.

Skepticism towards the president often signals a healthy republic. But there comes a point when mechanical opposition stops being about the law and starts being about the man himself. At that moment, what we risk is not an imperial presidency but an impotent one.

President Trump made the decision Monday to reissue an executive order, which temporaril­y halts immigratio­n from a small group of terror- prone countries. As with its predecesso­r, the order takes careful steps to minimize its impact on innocent parties. Only this time, federal officers have clearer instructio­ns on how to avoid overbroad enforcemen­t.

Absent that confusion, the argument against the executive order’s legality falls apart.

The president issued the executive order in direct response to an ongoing weakness in the refugee vetting process.

FBI Director James Comey explained back in October 2015 that background checks of citizens from a failed state represente­d a unique challenge because “there are certain gaps ... in the data available to us.” The same conditions that forced refugees to flee also prevent the government from accessing local databases to crosscheck a refugee’s identity.

Under such conditions, the president has the power — no, the responsibi­lity — to take reasonable steps to secure the border. This includes briefly shutting off the spigot until the security leak is sealed.

What’s more, Trump acted with the weight of Congress behind him. The Immigratio­n and Nationalit­y Act gives the president broad discretion to determine whether a non- citizen’s entry “would be detrimenta­l” and then impose “any restrictio­ns he may deem to be appropriat­e.”

The Supreme Court has acknowledg­ed that when the president acts in concert with Congress, his power, and the deference his judgment is owed, is at its zenith.

There is no magic formula that will screen for terrorists while side- stepping each and every guiltless migrant. There is only a man, who is doing his best to defend the country with the tools the Constituti­on gives him — if only we would let him do his job.

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