the waker wrote:
So you think the Constitution applies for non citizen refugees?
Yes, it does... The 14th Amendment is very clear about the difference between the privileges and immunities of "citizens" and the due process and equal justice afforded all "persons". I realize that it's hard for right-wingers to think about anyone but themselves but the Constitution isn't a gift for citizens, it's a discipline of government.
the waker wrote:
Where in the Executive Order does it say anything about Muslims?
Also, weren't there some Christian families turn back as well.
Trump made sure he had some clever people "word smithing" the order. They didn't actually say, "Muslims" because that would be too easy for lawyers to point out the 1st amendment violation. But they used rhetorical descriptions like this... [color=red]
"The United States cannot, and should not, admit those who do not support the Constitution, or those who would place violent ideologies over American law."[/quote] Violent ideologies... gee, I wonder... The very next sentence in the order says... [color=red]
"In addition, the United States should not admit those who engage in acts of bigotry or hatred (including "honor" killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation."[/quote]
These are descriptions of the worst examples of people in the Muslim world and right-wing political rhetoric asserts that ALL Muslims do these things.
Then there is the part where he actually states the action of law... [color=red][i]" I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order"
The key word here is "proclaim"... 8 U.S.C. 1187 says the president must "find" the detriment (as in PROVE it) not "proclaim" it, (as in - "the king says so").
This shit just isn't going to hold water.
the waker wrote:
With out that little tidbit, 1st Amendment does
not apply to even green card holders.
Yes, it does. I'm told that's one of the first things they teach you in law school.
the waker wrote:
So no, artical 1182 does apply, and that's probably exactly why Loki brought it up.
You and Loki are wrong. There's nothing in 1182 that permits the ban on a group of people for the reasons stated in the executive order.
the waker wrote:
I ll guess we will have to wait and see.
I guess so.