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re: Every human in the world was granted "due process" rights today in the US.
Posted on 2/10/17 at 4:16 pm to CorporateTiger
Posted on 2/10/17 at 4:16 pm to CorporateTiger
quote:
The gist of what you have quoted is that the District Court did not specifics which of the states three arguments it relied upon in granting the TRO. That is not particularly unusual. In continuing on and stating their reasoning for upholding the TRO as to due process they state. quote:The Government has provided no affirmative argument showing that the States’ procedural due process claims fail as to these categories of aliens. For example, the Government has failed to establish that lawful permanent residents have no due process rights when seeking to re-enter the United States. See id. (“[T]he returning resident alien is entitled as a matter of due process to a hearing on the charges underlying any attempt to exclude him.” (quoting Rosenberg v. Fleuti, 374 U.S. 449, 460 (1963))). Nor has the Government established that the Executive Order provides lawful permanent residents with constitutionally sufficient process to challenge their denial of re-entry. See id. at 35 (“[T]he courts must evaluate the particular circumstances and determine what procedures would satisfy the minimum requirements of due process on the re-entry of a permanent resident alien.”). The court then goes on to discuss why the later interpretation of the EO by counse to exclude lawful permanent residents is non-binding. The court throws in some dicta about other classes of non-citizens, but the actual holding relates to lawful permanent residents.
The problem with this is you guys and that activist court is citing due process when the statute clearly states the president has the right to disallow "anyone" he damn well pleases. For your reading pleasure:
Section 212(f), states: "Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate."
This is clear as mud. Heck even a libertarian like Judge Napolitano stated this. Everything else they state and retort and cry about is just crap and damn irrelevant. This is the law and the ninth court doesn't care, nor do the liberals in this country. People can yaya all they want, all the liberals care about is getting more liberals and that is the bottom line. Frick those bastids......
Posted on 2/10/17 at 4:23 pm to Topisawtiger
quote:So he could issue an EO that says, "we are banning ALL immigration for everybody BUT Muslims," and that wouldn't be able to be challenged, despite the clearly violation of the establishment clause--showing preference to a religion?
The problem with this is you guys and that activist court is citing due process when the statute clearly states the president has the right to disallow "anyone" he damn well pleases. For your reading pleasure:
So clearly while he has a lot of power in this area, and the major points of this EO are probably not going to be overturned, that power is still constrained by the Supreme law of the land: the Constitution.
Posted on 2/10/17 at 4:25 pm to McChowder
quote:
Are you saying that we should no longer give difference to persecuted minority groups seaking asylum?
No, that isn't what I said.
quote:
or do you just hate Christians?
I don't hate anyone.
Posted on 2/10/17 at 4:33 pm to wmr
quote:
The precedent set today is dangerous and will end up getting Americans killed.
As long as they're mostly democrats who cares?
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