Federal Judge Issues Restraining Order on Immigration EO (user search)
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  Federal Judge Issues Restraining Order on Immigration EO (search mode)
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Author Topic: Federal Judge Issues Restraining Order on Immigration EO  (Read 2919 times)
Sbane
sbane
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« on: February 04, 2017, 12:40:57 AM »


This could open up a world of insanity if turned into precedent. Granting constitutional rights to non-citizens on foreign soil?

It has nothing to do with the non-citizens' rights so much as the EO directly violating the constitution in nature by targeting a group of non-citizens based on their religion.

Well actually it does. What standing does the plaintiff have in this case? How can you infringe on freedom of religion for someone who is not a citizen and not on us soil? How can you extend equal protection to visa cancellations?


There's a million reasons you may not like the EO, but if it is ruled unconstitutional on the basis of religious discrimination it opens up a can of worms like we've never seen before in our legal system.

In that sense, you have a point, but note that the EO also targeted permanent residents with Green Cards, who are protected and afforded those rights.

It's not just permanent residents, but *any* person within the jurisdiction of the US has constitutional rights by virtue of the 14th amendment, no?  But yeah, what about people who are not *yet* in US jurisdiction, but applying to get in?  Doesn't seem so obvious that the constitution would apply to them.


If they had simply applied this to any new applicants for a visa/green card, they would have saved themselves a lot of grief. No drama at airports, no stories about grandmas being stuck and students not able to continue their education. They would have still scored their political points, and there wouldn't be that same degree of backlash to it. Polling shows that a ban like this is actually mildly popular. It's only when people established in the US in one way or another get impacted that it runs into any problems.
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Sbane
sbane
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« Reply #1 on: February 04, 2017, 10:50:40 AM »


What's sad is the man baby that is apparently the President. And your bloodlust to keep out people who are already working and studying here. I remember when you were reasonable. What happened?
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Sbane
sbane
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« Reply #2 on: February 04, 2017, 11:07:14 PM »


What's sad is the man baby that is apparently the President. And your bloodlust to keep out people who are already working and studying here. I remember when you were reasonable. What happened?

My SAD! comment wasn't a serious one, sbane.  I probably should have used an emoticon afterwards.   I favor allowing those with green cards and proper visas to come and go.......I'm all in favor of extreme vetting of those wishing to obtain visas and even a temp ban on issuing them until we get our act together, but if you have one now, you should be allowed back.

Does that sound more reasonable?  Smiley

Yeah, that's certainly reasonable. I don't think it's out of line to want thorough vetting for people coming from countries where that may be hard to do. It's just completely inappropriate to screw up people's lives who are here working or going to school already. Maybe do an internal review of them? Maybe another interview with them is fine, as well as monitoring their phone and social media. What's wrong is suddenly pulling the floor out of these people and trapping them overseas with apartments, homes, cars, pets, family members etc stuck inside this country.

What worries me with Trump is that I don't know if this incompetence/inexperience or evil. I suspect Bannon and Miller knew exactly what they were doing and including green card holders in the EO was a part of their plan. That's what worries me going forward. It's not just this EO, but what this portends for the future.
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