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Faith  Suspended Member (Idle past 1744 days) Posts: 35298 From: Nevada, USA Joined: |
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Author | Topic: Trump's order on immigration and the wacko liberal response | |||||||||||||||||||||||||||||||||||||||
New Cat's Eye Inactive Member |
The judge issued a stay, Faith. Trump is breaking the law. Pardon my ignorance: What stay are you talking about and how is Trump breaking the law?
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New Cat's Eye Inactive Member |
Ah, okay, that ruling. It says that people who are already here and have valid documentation shouldn't be removed.
How is Trump breaking that?
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New Cat's Eye Inactive Member |
'Cos they're still doing it. Well, you have a tabloid from yesterday saying that somebody said that there are reports that they are still doing it...
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New Cat's Eye Inactive Member |
The point of the ruling is that Trump cannot arbitrarily order that people who have been granted the right to enter the country be forbidden. Due process must be followed. I would agree that if you have the legal documentation to be here, say a Green Card, but are still technically an alien, then the Executive Order would allow you to be forbidden to enter upon arrival, and, that would be unfair because you technically should be allowed due process. What I don't know is: 1) Does the Green Card actually give full Constitutional protection of due process to aliens? and 2) Can an Executive Order legally override that for aliens? If the answers are yes and no, respectively, then it looks to me like Trump's Executive Order on this matter is unconstitutional as written. Perhaps if the two uses of the word "alien" were replaced with "refugee", then it would be Constitutional. But as written, since Green Card holders are technically still aliens, it reads as if they could be barred from entering upon arrival when, legally, I think they should at least be given due process before being barred. On the other hand, later in the Order it does allow for people to enter on a case-by-case basis, so it's not like there is no way in at all.
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New Cat's Eye Inactive Member |
Are those links supposed to be showing Trump breaking the law?
Because those are opinions of people who think that since DHS issued a statement saying that they will still execute the order that therefore they are violating the stay that the judge issued.
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New Cat's Eye Inactive Member |
* sigh *
U.S. judges in at least five states blocked federal authorities from enforcing President Donald Trump's executive order restricting immigration from seven Muslim-majority countries. However, lawyers representing people covered by the order said some authorities were unwilling on Sunday to follow the judges' rulings. Sorry to bore you... The stay specifically/explicitly talks about "removing" the person. I'm not sure if that is trying to cover detainment or not, but if not then you could go along with the executive order and admit people on a cases by case basis after you detain and interview them. That's what happened to the one petitioner, and then after he got in he praised America. If the stay is percieved by some to mean don't even do that, and if some authorities have said no way to that in particular, then it could be spun into them being "unwilling to the following the ruling" even though they weren't actually breaking the ruling. How many people with the legal right to be here have been removed since the stay? I suppose if authorities are still doing that under the direction of the President then that would technically be him breaking the law. Is that what you were going for? ... Also from the source of your quote:
The U.S. Department of Homeland Security on Sunday said it "will comply with judicial orders," while enforcing Trump's order in a manner that ensures those entering the United States "do not pose a threat to our country or the American people." ... Burroughs' ruling appeared to go further than Donnelly's by barring the detention, as well as the removal, of approved refugees, visa holders and permanent U.S. residents entering from the seven countries. Donnelly's order forbade only removal. ... White House Chief of Staff Reince Priebus said several times on NBC's "Meet the Press" that Trump's order does not affect green card holders "moving forward" or "going forward." Did they get it figured out, or are the wrong people still being removed or detained?
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New Cat's Eye Inactive Member |
I would say that it is certainly morally dubious and almost certainly legally dubious to say that the Government can do whatever it likes to non-citizens. It would be a major flaw in the legal system if it were true. Nobody is saying "do whatever it likes", but I don't think we have the sovereignty to grant our Constitutional rights to people in other countries. That doesn't necessitate what we do decide to do in treating people here, but the question was one of legal obligation. Apparently a Green Card does allow you full Constitutional rights; I wonder if instead of using the word "aliens" twice, if the Executive Order simply used "refugees", if that would change the perceived Constitutionality of the Order. That's really the only legal problem I see with it, is that by using the term aliens it is including Green Card holders who have rights against what it orders.
Given that there was already enhanced scrutiny for people coming from the affected countries and in the absence of any threat that necessitated the immediate imposition of the ban it is hard to say that Trump's action is at all justified. I'm beginning to think that it is part of a longer game plan. With the talks of Trump's phone calls to Saudi Arabia and Abu Dhabi, and their reported support of safe zones for refugees in the Middle East, this could actually turn out to be a better thing for refugees, and the region, in general. Setting up areas "over there" where the refugees can go and be safe and start getting jobs to rebuild their own country will do a lot more for them, and us, than moving them across the globe and putting them on aid. I suppose we'll have to wait and see.
Therefore I find it credible that Trump's precipitate action was, in fact, illegal. I'm not buying it. What would be the crime that he committed? Signing a flawed Executive Order? Is that illegal?
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New Cat's Eye Inactive Member |
And I agree he had the right to issue the executive order. What he signed though, shows vast incompetence in managing how government works and a failure to understand the difference between government and the feudal business model he is used to. It's, like, his first week... let him get some OJT in
That he either doesn't understand the consequences or is just ignoring them (typical Trump) doesn't change the fact that this is poorly thought out, poorly implemented and ridiculous in which countries are included and which are excluded. You don't know how thought out it is, but I agree that it was poorly implemented. And the countries were picked beforehand so that ridicule isn't on Trump. If we can get Safe Zones set up in the Middle East, supported by other countries, and start getting the refugees to work rebuilding their own country, then don't you think that would be better than dispersing them across the globe? Both for them and their region?
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New Cat's Eye Inactive Member |
And it is absurd to suggest that the U.S. government lacks sovereignty over its own unilateral decisions. I wasn't suggesting that, I was just sayin'.
If the Executive Order violates rights granted under the Constitution - and we have already seen that the Constitution does grant some rights - rights that seem relevant - to anybody within U.S. jurisdiction then it is breaking the law. I don't see how anyone could argue otherwise. Is signing an Executive Order that ends up being determined to be unconstitutional illegal?
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New Cat's Eye Inactive Member |
You were just saying that the U.S. Government lacked sovereignty to grant constitutional rights to people in other places - even when the actual dispute involved people in the U.S. and even though the U.S. government can certainly grant rights with respect to its own actions. If you want to spout irrelevancies you could at least have the grace to admit that they are utterly irrelevant to the points you are supposedly replying to. The point about lacking sovereignty was just part of an aside on our Constitutional obligation, in general, and had nothing to do with the dispute involving people in the U.S. I alluded to that here in (now) bold:
Nobody is saying "do whatever it likes", but I don't think we have the sovereignty to grant our Constitutional rights to people in other countries. That doesn't necessitate what we do decide to do in treating people here, but the question was one of legal obligation. Geez, grant me a little charity here, you really think I would talk about foreign sovereignty in regards to something here on our soil?
The order itself is certainly illegal. What if it didn't use the term "aliens" and instead just spoke of refugees?
Going beyond that if, say, the legalities were ignored for the sake of grandstanding - and it seems pretty likely to me that is the case - What makes that seem so likely?
I would certainly hope that signing would be illegal. Seems like a pretty tough case to make.
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New Cat's Eye Inactive Member |
If you want charity, using out of context quotes is not a good way to get it. Fine, have a nice day.
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New Cat's Eye Inactive Member |
More likely it comes through Bannon (he controls how the edicts are written). What is certainly curious to anyone who looks into it further, it that all the countries NOT included are ones where Trump has business interests; Let me know when you've got some evidence... or at least something more than coincidence. Why would Obama limit the countries that he picked to put on that list to those that Trump didn't have business interests in?
This is another curious thing to me, Meh, go ahead and be curious all you want. Got any facts?
Leads me to wonder "safe" from who? The conflicts in their regions.
And I remind everyone of how much slack the republicans gave Obama. Our No. 1 priority is to make this president a one-term president,’ says Rendell, citing the remark made by Mitch McConnell, the Senate minority leader, ... " Just like Democrat resistance to appointments mirrors the treatment of Obama's appointments by the republicans. Good to know that their holier-than-thou attitude was pure hypocrisy.
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New Cat's Eye Inactive Member |
The 14th Amendment is clear that ALL 'persons' within the jurisdiction of the United States have the protection of the Constitution and cannot be denied due process. This is super nitpicky, but the 14th isn't all that clear. It refers to what the individual states must do; if you're under a state's jurisdiction, then that state must treat you this way. It wasn't the 14th alone, but in combination with the 5th, that the courts used to say that it applies to the federal government as well. I think, that's my understanding of it.
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New Cat's Eye Inactive Member |
I would bet you That's impossible. The Citizenship Clause was written so that persons who weren't technically citizens would be citizens. That would never work if it was not intended to apply to non-citizens.
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New Cat's Eye Inactive Member
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I've been talking about noncitizens in the sense of people from other countries who are either here illegally or want to come into the country, as not having Constitutional rights because the Constitution applies to citizens. Don't forget, though, that some of the rights in the Constitution are not granted by the Constitution, itself, but are merely identified as natural rights that all people have, regardless, and that the government cannot take away. In that sense, they would certainly apply to non-citizens.
So the 14th amendment was held up as an example of noncitizens who have Constitutional rights. Turns out the main class of people that applies to were slaves who live here already, were even born here, and now jar points out were just brought here, but didn't have citizenship. I certainly did not have them in mind. Also some the native americans who were here that weren't slaves nor citizens. There's the part about "jurisdiction" where if you happened to be in a State's area then technically you were a citizen even if you weren't really to begin with.
It doesn't apply to people here illegally or people who want to come in who have not been given permission or any kind of legal right to come in, which I think fairly well defines the groups I'm talking about, as I understand it so far anyway. The only Constitutional rights that could apply are the basic rights to life, liberty, property etc.; Those aren't the Constitutional rights that have been concerning me. And free speech, and arming yourself, and assembly, etc. Those are natural rights that every human has regardless of any constitution existing or not.
The bet I supposedly have with Modulous to my mind is about whether the 14th amendment was originally intended to give Constitutional rights beyond the basics to noncitizens who have no right whatever to be here, since that's really what I've had in mind all along. The original intent was to protect all persons in the United States in their civil rights. The 14th amendment was passed right after the Civil Rights Act of 1866 and the Citizenship Clause was intended to mirror citizenship rules of that Act directly into the Constitution. The formal title of the Act was "An Act to protect all Persons in the United States in their Civil Rights, and furnish the Means of their vindication". "All persons in the US" is a pretty clear statement of intention. The only grey area I see, and is what I was getting at earlier, is with people who are subject to a foreign power. I'm not sure how the rules work when there's another government involved.
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