The President Trump Immigration Thread

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  • T.Lex

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    How about when they look to international law to decide US cases?

    Is this related to the immigration EO? If so, can you provide more information? I'm not following.

    Generally, US treaties are considered binding at a near-constitutional level. So, it can be appropriate for judges to use international law sometimes.
     

    hoosierdoc

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    Is this related to the immigration EO? If so, can you provide more information? I'm not following.

    Generally, US treaties are considered binding at a near-constitutional level. So, it can be appropriate for judges to use international law sometimes.


    No, leftists on court did this a few years ago with something
     

    Trigger Time

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    Ok, but that when did that happen? Robart, apparently, at least has a legally defensible position in his ruling.

    Of note, the gov't hasn't established that permanent residents are excluded from the EO. That's probably the most significant hurdle IMHO.
    Can permanent resident status be revoked? It's probably a good idea in some cases!
     

    T.Lex

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    Can permanent resident status be revoked? It's probably a good idea in some cases!

    Yes. It can be revoked by the proper authorities after due process.

    So, a local prosecutor can't revoke it. But, the DOJ can, after a process where they allege and prove the activities that would cause the revocation and the accused has an opportunity to defend it.

    I have no doubt that it is appropriate sometimes.

    I'm also fairly confident some one INGO would not use the authority appropriately. ;)

    Ah, right.

    Judges should look to every possible source to assist in understanding something - including sources that challenge any preconceived notions. These sources have different priorities or values, but I see no reason to exclude "international law" as something to consider.
     

    Trigger Time

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    Yes. It can be revoked by the proper authorities after due process.

    So, a local prosecutor can't revoke it. But, the DOJ can, after a process where they allege and prove the activities that would cause the revocation and the accused has an opportunity to defend it.

    I have no doubt that it is appropriate sometimes.

    I'm also fairly confident some one INGO would not use the authority appropriately. ;)


    Ah, right.

    Judges should look to every possible source to assist in understanding something - including sources that challenge any preconceived notions. These sources have different priorities or values, but I see no reason to exclude "international law" as something to consider.
    hey I'm for following the law but I'm also down for using loopholes just like the bad guys do
     

    jamil

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    Judiciary trumps Exec.

    Pretty much.

    Not quite accurate (?). Thought it was checks and balances.

    What checks and balances. The way it's evolved, the SCOTUS has the final say. The checks and balances are mostly in getting people appointed. But it doesn't end there as long as politicians are willing to bend the system to establish new precedences.

    Checks and balances is the thing we learn in school. In the real world, it is just people fighting over the power of the stick. All three branches have a stick. And the fight is to align the stick holders with the same ideology.

    You want to talk about checks and balances? How's this?

    History lesson: FDR, after winning a landslide 2nd term, tried to use his majority in both houses to get Congress to let him appoint a new justice for every justice over 70 on the SCOTUS and federal appeals posts. He claimed that there weren't enough judges to handle the load, and also claimed that infirm judges over 70 were a burden on the legal system. Um, ya. Right. He was actually pissed because the SCOTUS was overturning his New Deal ****. The pinnacle of the New Deal, Social Security, was yet to be decided by the SCOTUS. So FDR wanted to pack the courts with people who would rubber stamp his ****.

    Congress was privately widely against the idea, but would have voted for it anyway because, it's ****ing FDR after all! But then a young SCOTUS justice named Roberts started swinging the other way, ruling in favor of New Deal laws. So the court flipped it's 5-4 rulings against the new deal, to 5-4 in favor. This caused congress to be less supportive of FDR's court stacking proposal, and it didn't happen.

    It's strikingly similar to the surprising Obamacare ruling by another justice Roberts on the bench. Checks and balances my ass.

    That particular circuit has an 86% overturn rate.

    I don't expect today's ruling to last long.

    4-4 SCOTUS tie goes in favor of the 9th ruling. This **** is about politics and ideology now. I don't see any of the 4 liberal SCOTUS justices overturning this.

    I wonder if Trump has something up his sleeve. Something like banning ALL immigration for 90 days since they won't stay this case... If he bans all immigration, they can't use the religious discrimination angle.

    No. Trump's not some super genius playing 4-D chess. He's just a guy trying to get his policies implemented and reacting to this like he reacts to everything. There is no way Trump could ban ALL immigration for 90 days. He does not have the political capital for that. I'd -10 him if he tried that.

    I think the President should sign a new executive order that is more specific and basicly does the same thing or even more.
    So how can these liberal and not impartial judges be removed?

    On the first part, I completely agree. In fact, if Trump rewrote the EO to fix all the issues with it, I'd +5 him for doing the right thing rather than doing his usual ego-reactive schtick.

    On the second part, read the stuff I just wrote on FDR. I do not favor using tricks to make justices rubber stamps. Now that they've been duly appointed, they're there. The way the game is played, you get your candidates elected so they can appoint the kinds of judges that rule your way.

    It's a crappy game but that's how it's played. If we give YOUR guy the power to just remove justices who don't agree with him, you're also giving the other side that power when the pendulum swings back their way.

    Of course there's a cure for it but no one wants to do it. American politics is just a game to fight over who gets to wield the big stick of government to beat up the people who disagrees with them. An abrupt halt to this game would happen if we just took the stick away.
     

    T.Lex

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    Sounds like they're going to come out with new regs/EO next week, while still pursuing the litigation.

    Could work out well for him.
     

    jamil

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    Sounds like they're going to come out with new regs/EO next week, while still pursuing the litigation.

    Could work out well for him.

    I'll wait and see if there is one and what it says, but I could award up to 5 points for that move.
     

    KG1

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    I'll wait and see if there is one and what it says, but I could award up to 5 points for that move.
    I agree. I think he should just keep moving forward.

    Ok, you don't like that one for whatever reason. Well here comes this one.
     
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