Cancelling Diversity Visa Lottery System Requires Congress

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

My message to Donald J. Trump is that as President of the United States, until you are aware of the law and constitutionality of an action, don't say you are going to do something.  My services as a constitutional adviser, by the way, Mr. President, are available to you.  All you have to do is ask.

The Gateway Pundit headline today read: "Trump CANCELS Diversity Lottery Program."

To my knowledge the President did not cancel the program, he simply said he wanted to.  I am figuring the advisers rushed to him after his press conference about the Islamic terror attack in New York City where a recipient of the Diversity Visa Program murdered eight people as he mowed down people in a bike lane while behind the wheel of a rented pickup truck.

The “Diversity VISA Program” in question essentially allows lucky individuals from countries with few immigrants in the United States to win a lottery style process in order to enter the United States as an immigrant.  The program was sponsored by Democrat Minority Leader in the United States Senate, Chuck Schumer of New York.

Since entering the country through the program in 2010, the Muslim terrorist who mowed down Americans as he screamed "Allahu Akbar" in New York City yesterday, Sayfullo Saipov, sponsored in 23 people since he came into the country through the program.  One wonders what the percentage of that group of 23 are as liable to commit terror attacks as was Saipov.

The program is in place as the result of a law passed by Congress.  Article I, Section 1 of the U.S. Constitution grants all legislative authority to the Congress, and no legislative authority to either of the two remaining branches of government.  Therefore, since the diversity immigration program is a piece of legislation, it requires Congress to repeal it.  Trump can say all he wants about wanting to cancel the program, but he can't do it without Congress.  I hope he understands that, and that the appropriate legislative path is taken.  That said, since it takes Congress to propose the repeal of the diversity program, the real question is not about how bad Trump desires the program is cancelled, but if Congress will be willing to do so.

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