Jimmy Carter set the precedent.
Via Law Newz:
Council American-Islamic Relations announced an intention to sue President Donald Trump over his executive order banning most immigrants from Syria, and other countries that lack certain vetting standards and have issues with terrorism. Overnight, refugees who were in the air on the way to the United States are now being detained, and have also filed legal actions. The ban is perceived by some as a partial Muslim ban. Either way, at any trial, the law supports Trump’s order, and CAIR or others are likely to lose, completely, conclusively and quickly.
Liberal lawyer critics of Trump are making a habit of losing in their appeal to any branch other than elections — lost recount lawsuits, lost elector lawsuits, lost Russia-conspiracy derived lawsuits. Now, get ready to add lost emolument lawsuits and lost immigration lawsuits.
The Constitution gives Congress and the President exclusive, plenary control over immigration. This is how both Carter and Obama could single out various states or beliefs to exclude migrants on that basis, as both did.
First, the Constitution gives Congress the right to determine naturalization, and Congress gives the President express power to do as he did. Section 1182 of Title 8 directs the President can “by proclamation” suspend entry of “all aliens or any class of aliens” as the President “may deem appropriate” whenever the President merely “finds” any such alien group “would be detrimental” to the interests of the United States.
Thank You Law Newz and Dapandico.