Immigration

For stuff that is general.
Vince
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Immigration

Post by Vince »

TPRJones wrote:
They rules on his travel ban, not on the law as written, but based on things he said on the campaign trail? Seriously? If that is to be accepted as the basis of law, courts will be interpreting laws in a whole new way.
Intent is - and has always been - an important part of these legal processes. If you can use someone's words and actions to demonstrate intent, then it doesn't matter if the text of the order in question doesn't itself mention the intent as long as it still has an effect that was clearly demonstrated to be intended. And if that intended effect is unconstitutional then that order is unconstitutional.

This is not new, this is how our legal system has always worked.
For criminal and civil issues in the courts, I agree. But not in judicial review. Otherwise almost no laws would be struck down. The violation of Constitutional rights is not the intent of laws, but incidental. I've heard a number of lawyers (even many that don't like Trump) stating that this was bogus. If you haven't read the opinion, do so. If that judge's parents are still alive, I can't imagine how disappointed they are on all the money they spent on law school. There is no legal standing at all written anywhere in the opinion. It even spells out that they fixed everything from the previous order that made court rule against him, but were ruling against the administration anyway because Trump said mean things on the campaign trail.
TPRJones wrote:
Like him or not (I don't) the law gives the President the authority to suspend immigration for any reason.
It does not. There are certain reasons that he does not have the authority to suspend immigration for, and they are related to the constitutional amendments regarding protected classes. The President can't make an order banning immigration based on gender, race, religion, etc. Such an act is unconstitutional.

If an order to ban from certain countries coincidentally involves a high proportion of one of these protected classes that is fine. UNLESS there is evidence that the intent was to ban the protected class and that the order was written about countries solely in order to obfuscate that intent. If that can be shown then the order remains unconstitutional.
The 1952 law reads: “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.”
There was even more authority granted the executive office with either the Patriot Act or one of its off-shoots.

And the US has had a strange history of deciding where and to whom Constitutional protections apply to non-citizens outside the US. There was a Mexican alien that took his conviction to court because the Mexican and US task force searched his home in Mexico without a warrant. The court found against him. His protection from illegal search and seizure did not extend to his home in Mexico.

But here's the reason I recognize this as judicial activism. They didn't strike down the 1952 law that allows the ban as unconstitutional for the reasons you stated. They struck down the ban instead. Did his ban fall outside the authority of the 1952 law? If not then the legal problem isn't with this ban, it's with the 1952 law. I'm not sure if the law has been challenged and upheld before. Couldn't find any material on that.
"... and then I was forced to walk the Trail of Tears." - Elizabeth Warren
TheCatt
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Immigration

Post by TheCatt »

H1B visas harder to obtain for entry level developers.

If I understand that memo correctly.
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TheCatt
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Immigration

Post by TheCatt »

Administration cracking down on H1B
“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division at the Justice Department. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”
In a statement headlined "Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse," the USCIS said it "will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees."
Points of emphasis include:
"Cases where USCIS cannot validate the employer’s basic business information through commercially available data
"H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute)
"Employers petitioning for H-1B workers who work off-site at another company or organization’s location."

Read more at http://wraltechwire.com/-putting-americ ... 3V06dEA.99
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Vince
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Immigration

Post by Vince »

TheCatt wrote: Administration cracking down on H1B
“The Justice Department will not tolerate employers misusing the H-1B visa process to discriminate against U.S. workers,” said Acting Assistant Attorney General Tom Wheeler of the Civil Rights Division at the Justice Department. “U.S. workers should not be placed in a disfavored status, and the department is wholeheartedly committed to investigating and vigorously prosecuting these claims.”
In a statement headlined "Putting American Workers First: USCIS Announces Further Measures to Detect H-1B Visa Fraud and Abuse," the USCIS said it "will take a more targeted approach when making site visits across the country to H-1B petitioners and the worksites of H-1B employees."
Points of emphasis include:
"Cases where USCIS cannot validate the employer’s basic business information through commercially available data
"H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute)
"Employers petitioning for H-1B workers who work off-site at another company or organization’s location."

Read more at http://wraltechwire.com/-putting-americ ... 3V06dEA.99
I'm glad to see this one.
"... and then I was forced to walk the Trail of Tears." - Elizabeth Warren
Malcolm
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Immigration

Post by Malcolm »

Malcolm wrote: An Indiana woman married to an undocumented immigrant for nearly 20 years is fighting authorities, claiming her husband has been wrongly slated for deportation.
Booted. Hope she enjoyed exercising her freedom at the ballot.
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Leisher
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Post by Leisher »

Roberto Beristain, 44, was deported back to Mexico despite having no criminal record, family attorney Adam Ansari said.
Well, you say that, but HE WAS HERE ILLEGALLY. So that statement isn't 100% accurate.

For 20 years he was here having a family and starting a business, yet didn't file for citizenship. What's his excuse?
He didn't seek legal residency through his marriage because he was afraid it would require him to go back to Mexico for some time, Beristain said.
How'd that work out for you?

Listen, I'm not a heartless monster who doesn't see how breaking up a family is bad and who doesn't see this guys value as a citizen. However, HE made this bed. It's HIS fault he was deported. He had 20 years to deal with this, but never did because it could have inconvenienced him. Meanwhile, our government is simply enforcing laws.

So bring forth all your sob stories and I'll be asking the same questions every time, "why didn't they get their citizenship".
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
GORDON
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Post by GORDON »

IT'S NOT MY FAULT.

And yet, it is, 100%
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Vince
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Immigration

Post by Vince »

ACLU lawyer claims that the EO would be perfectly legal as written if only it'd been signed by some other President.

You have to listen to the audio on this. I see no better example as to why the Hawaii judge should be impeached and disbarred. Because this was pretty much his argument. These judges shred this ACLU guy.
"... and then I was forced to walk the Trail of Tears." - Elizabeth Warren
Malcolm
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Immigration

Post by Malcolm »

Court bitchslaps EO again. HAHAHAHAHAHAHAHAHAHAHA.
Diogenes of Sinope: "It is not that I am mad, it is only that my head is different from yours."
Arnold Judas Rimmer, BSC, SSC: "Better dead than smeg."
Malcolm
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Immigration

Post by Malcolm »

The fucktard-in-chief is tweeting yet again how the rules don't apply to the cheeto king and the Supreme Court ought to get the fuck in line and do what they're told to.
Diogenes of Sinope: "It is not that I am mad, it is only that my head is different from yours."
Arnold Judas Rimmer, BSC, SSC: "Better dead than smeg."
Malcolm
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Immigration

Post by Malcolm »

Details.
“People, the lawyers and the courts can call it whatever they want, but I am calling it what we need and what it is, a TRAVEL BAN!”
...
A Justice Department spokesman declined to comment. White House spokeswoman Sarah Huckabee Sanders said the retard was “not at all” concerned that his tweets might muddy the legal case, and his attention was instead on the substance of his executive order. She said she was not aware of any vetting of his tweets by lawyers or aides.
No shit, Sherlock.
Federal judges across the country have focused acutely on Trump’s own comments in ordering that the ban be frozen, determining that the president’s words expose the measure as being a tool for discrimination disguised as a national security directive.
It's almost as if he's intentionally tanking any chance he might have.
Government lawyers have sought to convince judges that they should not consider the asshole's statements but instead limit their analysis to the text of the ban. They have also sought to portray the shithead’s words as campaign trail rhetoric, and noted that many of the remarks in question — though not all — came before Drumpf was elected.
...
Drumpf also whined on Twitter that the administration was already “EXTREME VETTING” travelers coming into the United States — which he said was necessary to keep the country safe because courts are “slow and political!” The Department of Homeland Security has previously suggested such vetting was taking place, but that, too, seems to undercut the Justice Department’s legal position.
Diogenes of Sinope: "It is not that I am mad, it is only that my head is different from yours."
Arnold Judas Rimmer, BSC, SSC: "Better dead than smeg."
TheCatt
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Immigration

Post by TheCatt »

It's not me, it's someone else.
GORDON
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Post by GORDON »

I didn't have the energy to post that earlier.

I'd like to see a public calling-out of the government officials that directly let things like that happen. "I tried to deport him but Judge X blocked it," sort of thing.

If someone can be proven to be directly responsible for shit like this, they should hang.
"Be bold, and mighty forces will come to your aid."
Malcolm
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Immigration

Post by Malcolm »

Do we roll this out for all officials who let repeat offenders go?
Diogenes of Sinope: "It is not that I am mad, it is only that my head is different from yours."
Arnold Judas Rimmer, BSC, SSC: "Better dead than smeg."
Leisher
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Post by Leisher »

GORDON wrote:If someone can be proven to be directly responsible for shit like this, they should hang.
Agreed. End of the day, someone allowed him to stay. Probably used the "I won't deport an illegal immigrant until they do something illegal" logic...
Malcolm wrote: Do we roll this out for all officials who let repeat offenders go?
First, that's a bit hazy. Do you mean someone who committed an offense, did their penance, and then were released? Or do you mean someone who did their offense, did their penance, got out, did it again, and then after more penance were released again?

Anyway, I'm not sure you're trying to make fair counter argument. That illegal shouldn't be here. End of story.

But let's take it elsewhere. I'm throwing a DTMAN party and everyone's invited. Gordon pulls me aside before the party and says, "Are you sure about inviting Malcolm? Last time he got drunk, argued with everyone, tried to fight Catt, and then had sex with that little lawn jockey out front." I responded, "I know, but he's one of us and I don't want to exclude him. If he acts up, that's on me because I should know the behavior he's exhibited in the past. I will talk to him beforehand and then keep an eye on him." The night of the party comes and Malcolm starts drinking again. If I don't do something, that IS on me. Although, don't pretend he doesn't also bear responsibility for his actions. However, while all this is going on, why is nobody throwing out Jose who was never invited to the party, has no right to be there, is eating all the food intended for invitees only, is trespassing, etc.? Why is he allowed to stay until" he does something worse"?

Also, one note that I don't know where to put elsewhere, but it is driving me crazy how people who argue that illegals should be allowed to stay always reference what migrant workers provide for us. Migrant workers and illegals are two different things. Please stop saying they're the same thing.
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
TheCatt
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Immigration

Post by TheCatt »

Some migrant workers are illegals.
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Leisher
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Post by Leisher »

Sure, but claiming the efforts of ALL is bullshit.
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
GORDON
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Post by GORDON »

Democrats have completely reversed their views of illegal immigration from 10 years ago.

Wonder what's changed.

http://hotair.com/archives/2017/06/21/l ... migration/

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Leisher
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Post by Leisher »

As soon as they realized they could try to turn those 11 million illegals into votes, they changed their opinion.
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
Leisher
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Post by Leisher »

Texas judge says US must allow illegal immigrant to get abortion on tax payers' dime.

This makes no sense. She comes here illegally to get an abortion funded by our tax money, and that's just fine? I don't care about the abortion issue, which seems to be the big hang up for a lot of people.

I care that we're offering free elective medical services to non-citizens. Maybe we should airdrop Mexico with trillions of condoms? Might be cheaper.

Will illegals be coming here for free nose jobs or boob jobs next?
“Every record been destroyed or falsified, books rewritten, pictures repainted, statues, street building renamed, every date altered. The process is continuing day by day. History stops. Nothing exists except endless present in which the Party is right.”
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