Posted on Feb 9, 2017
Appeals court upholds ruling blocking Trump's immigration order
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Posted in these groups: 
Immigration
Supreme Court
Office of the President (POTUS)
Donald Trump
Middle East
Immigration Supreme Court Office of the President (POTUS) Donald Trump Middle East
Posted 7 y ago
Responses: 12
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This has been a test. Had any of the judges actually studied law and the Constitution instead of ideology, this issue would have been properly decided and put to rest long ago.
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Capt Gregory Prickett
CPT Jack Durish - The law is very clear. Title 8, Section 1101(a)(13) states that legal permanent residents (LPR), who have already been admitted to permanent status, when returning from abroad are not "entering" the country. They have the same rights of return as a U.S. citizen, unless they have committed one of the acts listed in Title 8, Section 1227. If that is the case, the government has to give them due process and follow the procedures Congress established in Title 8, Section 1229a.
In other words, the President very clearly exceeded his authority. And that's as much of a constitutional violation of separation of powers as when Obama did it with his DACA/DAPA executive order. It deprives LPRs of their constitutional and statutory right to due process.
It doesn't have anything to do with ideology, it has to do with the law.
In other words, the President very clearly exceeded his authority. And that's as much of a constitutional violation of separation of powers as when Obama did it with his DACA/DAPA executive order. It deprives LPRs of their constitutional and statutory right to due process.
It doesn't have anything to do with ideology, it has to do with the law.
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SMSgt Lawrence McCarter
Capt Gregory Prickett - Good point, the premise is valid but too wide and includes people that should not have been included. i do understand the cause for concern and also violations from the previous President that went unchecked made a lot of problems As long as Congress though allowed it and failed to perform their duties to put these things in check the result was predictable Good luck to the country on digging out of this mess, just seal up new leaks and hopefully preventing it from getting worse that it already is.
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Capt Gregory Prickett
SMSgt Lawrence McCarter - Exactly. The President clearly has authority under § 1182(f) to halt entry into the US. He just went way too far.
There hasn't been a ruling on the other violations alleged, so I'm not commenting on the validity of those, but based on the oral arguments and the opinion, it's clear that the law was the motivating issue, not politics.
There hasn't been a ruling on the other violations alleged, so I'm not commenting on the validity of those, but based on the oral arguments and the opinion, it's clear that the law was the motivating issue, not politics.
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SFC Jim Ruether
Did Carter, Bush, Clinton, and Obama go to far then as well? They implemented immigration bans that were far reaching too?
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In an exclusive interview with Yahoo News at a presidential office in Damascus, Syrian President Assad said President Trump’s freeze on admitting refugees from his country — part of an executive order that has drawn widespread protests and is being challenged in federal court — “is an American issue” on which he would not take sides. But asked if some of those who fled Syria are “aligned with terrorists,” Assad quickly replied, “Definitely.” What are we to do? Do we embrace the snake until he starts shaking his rattles?
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I see the ruling as incorrect. Also, POTUS should do a lot more to protect American citizens from third world Marxists.
The ruling will be overturned. IMO.
M. Morris RVT
The ruling will be overturned. IMO.
M. Morris RVT
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Capt Gregory Prickett
Not likely. Of all the judges who have looked at it, all but one have ruled against Trump.
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Capt Gregory Prickett
Cpl Mark A. Morris - OK. The SD of NY. WD of Wash. ED of Va. D of Mass. The 9th Cir. Judges that were both GOP and Dem appointees.
Of the 7 judges, all 7 halted the EO. One, a Dem, allowed their stay to expire after 7 days.
You know, with a batting record like that, most people would withdraw the EO, fix it where it would be legal, and reissue it.
It's also not hard to fix.
Of the 7 judges, all 7 halted the EO. One, a Dem, allowed their stay to expire after 7 days.
You know, with a batting record like that, most people would withdraw the EO, fix it where it would be legal, and reissue it.
It's also not hard to fix.
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