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How is this EO being challenged by actual judges?

Posted on 2/4/17 at 8:08 pm
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
64889 posts
Posted on 2/4/17 at 8:08 pm
8 U.S. Code 1182(f) is so explicit on this matter I can't believe a federal judge actually issued an emergency stay on Trump's temporary immigration ban.
Posted by Iosh
Bureau of Interstellar Immigration
Member since Dec 2012
18941 posts
Posted on 2/4/17 at 8:13 pm to
8 USC 1152(a) is from a later bill
This post was edited on 2/4/17 at 8:14 pm
Posted by mahdragonz
Member since Jun 2013
6928 posts
Posted on 2/4/17 at 8:15 pm to
Washington argued it had a negative impact on their state and the state federal judge agreed.

This is about federal over reach.

Also why were those 7 countries listed as a threat? Places like Saudi Arabia and Pakistan have caused more danger to the safety of the us. The EO didn't account for that.
Posted by Sid in Lakeshore
Member since Oct 2008
41956 posts
Posted on 2/4/17 at 8:16 pm to
quote:

How is this EO being challenged by actual judges?


It's not. It's being challenged by people with actual standing and ruled on by Judges........... Next question.
Posted by Tigereye10005
New York, NY
Member since Sep 2016
1592 posts
Posted on 2/4/17 at 8:20 pm to
8 U.S. Code § 1182 has been amended significantly since its enactment.

For example, the 1965 Hart-Cellar act states: "...No person shall receive any preference or priority or be discriminated against in the issuance of an immigrant visa because of his race, sex, nationality, place of birth, or place of residence..."

Many legal scholars argue that this makes prohibiting a person's travel only because of national origin illegal. So, there are definitely legal questions behind this order that need to be sorted out.

Also, one of these most important functions of the federal courts are to sort out questions involving statutory interpretation. Yes it's a difficult and tedious process, but it exists for an important reason. I'd suggest not criticizing or questioning a federal judge's decisions without at least adequately researching the legal questions involved.

LINK to Hart-Cellar act
Posted by RollTide1987
Augusta, GA
Member since Nov 2009
64889 posts
Posted on 2/4/17 at 8:21 pm to
quote:

Also why were those 7 countries listed as a threat?


Because they are failed states that lack stable governments and therefore cannot fully vet the people who come over here escaping the conflicts raging in those nations.

quote:

Places like Saudi Arabia and Pakistan have caused more danger to the safety of the us.


Pakistan and Saudi Arabia, while severely backwards, have governments that are very stable and that work with our own intelligence agencies to defeat Islamic radical groups such as Al-Qaeda and ISIS.

This post was edited on 2/4/17 at 8:22 pm
Posted by Bayou
CenLA
Member since Feb 2005
36733 posts
Posted on 2/4/17 at 8:22 pm to
quote:

Washington argued it had a negative impact on their state and the state federal judge agreed.

Then leave the doors unlocked to the state of Washington. The rest of the country would like our doors controlled when they open.
quote:

This is about federal over reach.

Explain???
quote:

Also why were those 7 countries listed as a threat? Places like Saudi Arabia and Pakistan have caused more danger to the safety of the us. The EO didn't account for that.


The Obama Admisitration selected those 7 countries.
Saudi Arabia and Pakistan have mechanisms in place allowing us to properly vett citizens from their countries. Until the others also do they should continue to be halted until proper procedures are in place. If someone is a potential danger then DON'T LET THEM IN! Is it seriously THAT difficult to understand. The President is trying to protect us all.
Posted by Bjorn Cyborg
Member since Sep 2016
26573 posts
Posted on 2/4/17 at 8:24 pm to
It just takes one judge to challenge anything. He will be rebuked and embarrassed by the appeals court.

He's a left wing activist judge who doesn't care about the law.

(I don't care who appointed him. People change)
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65559 posts
Posted on 2/4/17 at 8:35 pm to


Posted by Bjorn Cyborg
Member since Sep 2016
26573 posts
Posted on 2/4/17 at 8:37 pm to
I'll bump when appeals court overturns this
Posted by mahdragonz
Member since Jun 2013
6928 posts
Posted on 2/4/17 at 8:39 pm to
Trump has said the Obama admin was massively incompetent.

But this one thing they got just right?
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65559 posts
Posted on 2/4/17 at 8:39 pm to

Bump now and show me his recent looney toon left wing case decision papers.

Posted by Bjorn Cyborg
Member since Sep 2016
26573 posts
Posted on 2/4/17 at 8:40 pm to
Logic fail
Posted by dmjones
Acworth, GA
Member since Mar 2016
2303 posts
Posted on 2/4/17 at 8:40 pm to
quote:

Because they are failed states that lack stable governments and therefore cannot fully vet the people who come over here escaping the conflicts raging in those nations.


Ummmm... Iran's government is stable. Trump just doesn't like them.

My uncle, a judge, and my wife, a lawyer, say that these judges are absolutely in the right.
This post was edited on 2/4/17 at 8:41 pm
Posted by Turbeauxdog
Member since Aug 2004
23111 posts
Posted on 2/4/17 at 8:41 pm to
quote:

8 USC 1152(a) is from a later bill


That's a restriction for within one country, not a restriction on the countries selected for visas.
Posted by Bjorn Cyborg
Member since Sep 2016
26573 posts
Posted on 2/4/17 at 8:42 pm to
quote:

Trump just doesn't like them.


Who does? They are the biggest state sponsor of terrorism on the planet.
Posted by Bjorn Cyborg
Member since Sep 2016
26573 posts
Posted on 2/4/17 at 8:43 pm to
Then it's settled.
Posted by Mrtommorrow1987
Twilight Zone
Member since Feb 2008
13119 posts
Posted on 2/4/17 at 8:44 pm to
quote:

Washington argued it had a negative impact on their state and the state federal judge agreed. This is about federal over reach. Also why were those 7 countries listed as a threat? Places like Saudi Arabia and Pakistan have caused more danger to the safety of the us. The EO didn't account for that. There's a calm before the storm, I know; it's been comin' for some time.


So add them mother frickers to the list too.
Posted by dmjones
Acworth, GA
Member since Mar 2016
2303 posts
Posted on 2/4/17 at 8:47 pm to
quote:

Who does? They are the biggest state sponsor of terrorism on the planet.



Israel is up there as well.

The point remains that they have a stable government capable of keeping records and vetting their own citizens. Hell, young Iranians, generally speaking, are highly educated and very pro-western world.

Posted by udtiger
Over your left shoulder
Member since Nov 2006
98290 posts
Posted on 2/4/17 at 8:51 pm to
(f) stands on its own
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