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Re: Oh, the irony. 

By: Cactus Flower in ALEA | Recommend this post (2)
Thu, 02 Feb 17 11:50 PM | 99 view(s)
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Msg. 20966 of 54915
(This msg. is a reply to 20964 by Beldin)

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For the record:

1. Legal residents (permanent and otherwise) have constitutional rights. Numerous citations. (Beldin: "wishful thinking by leftists who want to ascribe U.S. Constitutional rights to non-U.S. citizens.")

2. Illegal aliens have constitutional rights. Plyler v Doe (Beldin: "foreigners who do not possess U.S. residency authorization ... do not enjoy ANY of our rights under The United States Constitution.")

3. Refugees/asylum seekers have rights under US and international law. INA 1158 and 1231(b)(3), Foreign Affairs Reform and Restructuring Act 1231, Geneva Refugee Convention 1, 3, 4, 16, 33 etc.

4. Other visa applicants may or may not have rights under US law, depending upon their status and relationships.

The president has wide discretion under INA but he has to abide by INA as a whole, other relevant laws, the US constitution (powers and application) and the US' international obligations.

Complainants are presenting their cases in order to seek to expose unlawful elements of the EO.

The courts decide if elements of a law or an executive order are unlawful or unconstitutional. They tend to defer on immigration where national security is in issue. But this doesn't mean they will permit the president to claim powers which INA does not confer. If he defines a final solution for Moslems under an immigration EO, I imagine the Supreme Court will say no, INA doesn't give you those sorts of powers.

This isn't hard. But it is over.




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The above is a reply to the following message:
Re: Oh, the irony.
By: Beldin
in ALEA
Thu, 02 Feb 17 10:59 PM
Msg. 20964 of 54915

Ah, Cactus Flower - ever pedantic, as usual.

No, the fact that resident aliens are granted some of our Constitutional rights while they are here is simply a fact and has nothing whatsoever to do with any political persuasion. However, what you fail to grasp is the "while they are here" ... under our jurisdiction ... part. I know you are struggling under severe, personal limitations, so allow me to explain it to you as straightforward as possible ... foreigners who do not possess U.S. residency authorization ... either because they once had it and it expired or was revoked or because they never had it in the first place ... do not enjoy ANY of our rights under The United States Constitution. Now, if you're still stupidly harping on about green card holders, that has already been taken care of - from the Communist/Clinton "News" Network: http://www.cnn.com/2017/02/02/politics/donald-trump-immigration-ban/index.html

No, Trump's EO is undeniably authorized by our long-standing immigration law ... it's right there in front of your face, but you apparently are not rational enough to handle any facts that are inconvenient to your political outlook. Now, if a leftist judge wants to take a shot at declaring Trump's EO as unconstitutional, then ... if he has any hope of making it stick ... he will have to successfully sustain that our long-standing immigration law is unconstitutional, first.

Cheers!


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