Quote:
Originally Posted by chezlaw
What then if people in the CBP refuse to do it because it's been ruled illegal? Can they be made to ignore the law?
And if they do enforce it can they be prosecuted?
They can be made to ignore the law by threat of firing, I guess. I suppose if Trump really wants to go all out he could threaten them with imprisonment and actually throw them in jail somewhere. Judge would rule against that and order their release, but we're back to Trump being the one to enforce the judgement, and he could refuse that too, until he gets impeached.
As to the second question, I'm not exactly sure what you're asking.
If you're asking if they (CBP workers) can be prosecuted if they enforce Trump's ban despite the court order. Normally DOJ does the prosecuting of federal crimes. So if Trump is going to ignore the order, he will also direct DOJ not to prosecute anyone.
If you're asking can if they (CBP workers) can be prosecuted by DOJ if they enforce the court order against Trump's instruction to ignore it. That probably won't work either because even if DOJ prosecutes, the judge will rule against them. So they could be prosecuted unsuccessfully. But since defeat in court would be certain, DOJ would never prosecute.