Posted on Feb 1, 2017
Why Trump’s Immigration Rules Are Unconstitutional
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Posted 8 y ago
Responses: 7
I have one question, how is it unconstitutional, when those banned temporarily are not citizens yet and thus not provided the benefits of the constitution and the freedoms that it provides. Until they are on U.S. soil they have no constitutional rights as non U.S. citizens.
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SSG (Join to see)
Literal interpretation is what we should be going by, but if they are not U.S. citizens and not on U.S. soil the rights of the constitution do not apply, only the laws of the country they are currently residing. You cannot extend U.S. rights outside of the U.S. to non citizens. Once they step on U.S. soil, they are extended every right and U.S. citizen should have.
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1SG(P) (Join to see)
SSG (Join to see) - That fails to address those who arrived on US soil and were detained. There's also concerns of due process.
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The premise of this article assumes Trump is banning by religion. That is not close to accurate when only 7 of 15 predominantly Muslim countries are on the ban list. It's about terrorism. Obama did it, Carter did it. Like all the other President's of the past, this one has every legal right to dictate his policy to his Executive Branch on requiring a better vetting process, protecting the American people from those who wish us harm, and improving the procedures for processing immigrants from these potentially dangerous countries. That is all he's doing. I will concede the announcement and roll out of this EO was not handled well, but there is plenty of blame to go around for that (Inexperience on the Trump Admin's part, failure by Congress to appoint an AG, etc).
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PO1 Don Gulizia
I somewhat agree, but the EO isn't even, really, about terrorism. (More terrorists are from SA, UAE, Pakistan, yada yada yada) The 7 countries are either failed, failing, or support terrorism and we cannot verify the accuracy of their data. When they don’t have a functioning government, how can we be sure the traveler’s personal data is legitimate? That’s it. All of the other “Muslim ban,” “# of terrorists,” “Trump business ventures,” etc is just political theater. Trump-haters and Trump-lovers really don’t care about the truth, they just want to be right.
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MAJ James Woods
And Obama's ban was against one country, Iraq, in reaction towards a foiled terrorist plot by Iraqi immigrants. Not to mention, the ban was specific and did not create chaos due to successful coordination with appropriate government agencies.
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1SG(P) (Join to see)
Sir, it's not a Muslim ban on the surface. But it also has little to do with actual terrorism. If that were the case Saudi Arabia, Pakistan, and Egypt would have been included. DJT wanted what he campaigned for, a Muslim Ban. Giuliani just helped him figure out how to get there with a hint of precedent:
http://thehill.com/homenews/administration/316726-giuliani-trump-asked-me-how-to-do-a-muslim-ban-legally
http://thehill.com/homenews/administration/316726-giuliani-trump-asked-me-how-to-do-a-muslim-ban-legally
Giuliani: Trump asked me how to do a Muslim ban 'legally'
Former New York City Mayor Rudy Giuliani (R) said in an interview on Saturday that President Trump had previously asked him about legally implementing a "Muslim ban."
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Maj Kevin "Mac" McLaughlin
PO1 Don Gulizia - Where terrorists are born has nothing to do with where they organize, train, and equip. The UAE as a country, is very much against international terrorism and in fact they have assisted US efforts in identifying terror networks through financial transaction records. This is political theater and it is overly dramatizing what Trump has done for the purpose of getting Americans mad. People have posted how this is being used as Propaganda by ISIS... Hell, it's being used as propaganda by the Anti-Trump crowd too!
Whether it's one country or several, there is no difference, especially when you're dealing with people who ultimately and fundamentally believe they are from and/or a part of the state if "Ummah". All these other arguments like Trump business ventures are not only political theater, they're just plain misleading and meant to maintain antipathy toward Trump. The reason Trump does not have business ventures in Iran is likely because that would be illegal. We have no such issues with doing business in places like Jordan or the UAE.
Orders from Presidents have a history of creating chaos and this is simply no exception and the chaos incurred was hardly that significant (especially if the Press didn't make it out to be). Still, agencies and departments are the ones charged with meeting the President's intent, which is pretty clear in the EO. This so called ban is not even really a ban. It's a hold on immigration processing until better measures can be put in place to vet those coming into this country. Woods speaks of responses to "foiled terrorist plots" where Trump is ultimately attempting to be proactive against them. The only thing the President really failed to do is identify more of the significant special exceptions, such as our interpreters from Iraq/Afghanistan who earned their visas through the SIV program. That has now been addressed and those brave individuals, who I am proud to have helped into this country, are still able to utilize/apply for the visas they earn(ed).
You asked how we can be sure a person's information is legitimate. Put simply, we can't 100%, but are you going to sit there and tell me we shouldn't try? Seriously? There are several ways our government can look into the veracity of a refugee's claims and build more obstacles for would-be bad guys. I work in cyber defense currently. Do you believe there is a 100% solution to protect all of our nation's information systems from the threats we face? Should we discontinue protecting the systems from bad guys getting in (with false credentials) simply because it's too hard to solve? The term I use is defense in depth. How about we start from the beginning where people coming from locations with known terrorist issues are given an initial look to make sure they're not taking advantage of our good will? We can be generous but we don't have to be completely stupid.
Whether it's one country or several, there is no difference, especially when you're dealing with people who ultimately and fundamentally believe they are from and/or a part of the state if "Ummah". All these other arguments like Trump business ventures are not only political theater, they're just plain misleading and meant to maintain antipathy toward Trump. The reason Trump does not have business ventures in Iran is likely because that would be illegal. We have no such issues with doing business in places like Jordan or the UAE.
Orders from Presidents have a history of creating chaos and this is simply no exception and the chaos incurred was hardly that significant (especially if the Press didn't make it out to be). Still, agencies and departments are the ones charged with meeting the President's intent, which is pretty clear in the EO. This so called ban is not even really a ban. It's a hold on immigration processing until better measures can be put in place to vet those coming into this country. Woods speaks of responses to "foiled terrorist plots" where Trump is ultimately attempting to be proactive against them. The only thing the President really failed to do is identify more of the significant special exceptions, such as our interpreters from Iraq/Afghanistan who earned their visas through the SIV program. That has now been addressed and those brave individuals, who I am proud to have helped into this country, are still able to utilize/apply for the visas they earn(ed).
You asked how we can be sure a person's information is legitimate. Put simply, we can't 100%, but are you going to sit there and tell me we shouldn't try? Seriously? There are several ways our government can look into the veracity of a refugee's claims and build more obstacles for would-be bad guys. I work in cyber defense currently. Do you believe there is a 100% solution to protect all of our nation's information systems from the threats we face? Should we discontinue protecting the systems from bad guys getting in (with false credentials) simply because it's too hard to solve? The term I use is defense in depth. How about we start from the beginning where people coming from locations with known terrorist issues are given an initial look to make sure they're not taking advantage of our good will? We can be generous but we don't have to be completely stupid.
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Poorly written executive order indeed. Imagine if the order had truly been about fixing the immigration and refugee vetting; had properly prioritized "green card" and VISA travelers who have a confirmed U.S. residency, and a process for children. More importantly expanded to every country suffering from terrorist attacks and suspected safe havens; then you have intelligence and public data to support the "terrorism" motive of the order. Instead we get...."oops"....
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