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Judge Nap: Trump's Deportation Vow Is Prohibited By Constitution
Fox News Insider ^ | August 17, 2015

Posted on 08/17/2015 1:46:45 PM PDT by BradtotheBone

Donald Trump laid out some details of his immigration plan in an interview on NBC's "Meet the Press" this weekend.

Trump, who has been criticized in recent weeks for failing to give particulars on his immigration promises, said he will rescind President Obama's executive orders and end birthright citizenship.

As part of it, Trump said he wants to rescind President Obama's executive orders on immigration; deport many of those in the U.S. illegally while providing an expedited return process for "the good ones;" and do away with automatic citizenship for children of illegal immigrants born on U.S. soil.

The Trump campaign said the policy, known as birthright citizenship, is the "biggest magnet" for illegal immigration.

"They have to go," Trump said on NBC's "Meet the Press," of families living in the U.S. illegally and having a child, adding: "What they're doing, they're having a baby. And then all of a sudden, nobody knows ... the baby's here."

Judge Andrew Napolitano explained this morning on "America's Newsroom" what Trump can and cannot do on immigration. He said that Trump's promise to deport children born in America to illegal immigrant mothers is "prohibited by the Constitution."

"The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen. He could not change that. Even if he were to change the Constitution, it would not affect people who had already been born here. It would only affect people not yet born here," said Napolitano.

He added that any president can rescind an executive order of a predecessor. But the judge pointed out that every undocumented immigrant that Trump intends to deport would be entitled to a hearing and an appeal.

(Excerpt) Read more at insider.foxnews.com ...


TOPICS: Extended News; Government
KEYWORDS: judgenap; trump2016; trumpdeportation; trumpimmigration; trumppolicypaper; trumppositionpaper
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To: BradtotheBone

At least if this ever has to go to the Supreme Court we can thank GW Bush for John Roberts being there for us...again. < /sarcasm>


121 posted on 08/17/2015 2:43:58 PM PDT by lewislynn (Meghan Kelley...#sand--Rosie, the Don was right-- Hillary, lipstick on a pig)
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To: mkjessup

“They can always take the kid home to Mexico with ‘em.”

YEP


122 posted on 08/17/2015 2:43:59 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: BradtotheBone

What Constitution? The judiciary hasn’t needed that old rag in the last six and a half years. Now some judge thinks we should read it. LOL


123 posted on 08/17/2015 2:44:40 PM PDT by Steamburg (Other people's money is the only language a politician respects)
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To: mkjessup

Judge Napolitano didn’t hear what I heard. Trump said they can leave their “citizen” kids here to be adopted out or take them with them back to their home countries.


124 posted on 08/17/2015 2:45:53 PM PDT by vette6387
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To: lewislynn

And then .. we should also thank Mr. JEB Bush who insisted his brother appoint Mr. Roberts; with assurances that Mr. Roberts was a “conservative” .. which is horse-hockey. And, is the reason I will never, ever vote for Jeb Bush.


125 posted on 08/17/2015 2:46:19 PM PDT by CyberAnt ("The fields are white unto Harvest")
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To: southernerwithanattitude

Don’t know about Mexico, but our grandson was born in Chile to American parents on a tourist visa. At 18 years of age he could obtain a Chilean passport as a Chilean citizen.

However, he had to be at the age of majority to make his own decision. Meanwhile, he was under the jurisdiction of the US on a US passport.


126 posted on 08/17/2015 2:49:43 PM PDT by Chaguito
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To: BradtotheBone

The judge is explaining the obvious. Trump didn’t say he would personally change that policy. But it can be changed by a new Supreme Court ruling, by an Act of Congress limiting the jurisdiction of the Supreme Court, or by amending the Constitution. All those are long term goals and may be less necessary as illegal aliens stop coming and begin leaving.


127 posted on 08/17/2015 2:50:16 PM PDT by Williams
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To: Regulator

“Trump can win on this clear statement alone”

Correct


128 posted on 08/17/2015 2:51:58 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: Lurker

I think he is too.


129 posted on 08/17/2015 2:52:23 PM PDT by jospehm20
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To: GOPJ

You have some excellent ideas-this would pay them to self-deport, and at the same time take at least some of the burden off legal taxpayers in the meantime.


130 posted on 08/17/2015 2:52:29 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: Las Vegas Ron
No Prob!

I'm sick and tired of the ruling establishment insisting upon total compliance with every possible Constitutional interpretation usually within what they've called the "penumbra", which of course they are free to define whichever way suits them.

Then they turn around and flat ignore Constitutional provisions that are there in plain english.

Its gotta stop.

131 posted on 08/17/2015 2:55:01 PM PDT by skeeter
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To: Buckeye McFrog

I wish people would remember that, and that someone like Trump would blast it in his speeches, about how they dealt with this problem of not wanting to separate kids from their families in their rush to return Elian to the Workers’ Paradise. They just returned him, at the point of a gun no less.


132 posted on 08/17/2015 2:55:06 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: BradtotheBone

simple solution, executive order under the excuse of “national security”

and BINGO anything is legal!


133 posted on 08/17/2015 2:56:33 PM PDT by TexasFreeper2009 (You can't spell Hillary without using the letters L, I, A, & R)
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To: mkjessup

“It worked for Ike and his Administration, and it can work again.”

Once the illegals realized Ike meant business, many self deported.


134 posted on 08/17/2015 2:56:58 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: JediJones

Exactly. Turn off the goodies and see what happens. Half would be gone within 30-45 days.


135 posted on 08/17/2015 2:58:38 PM PDT by mad_as_he$$ (Section 20.)
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To: stephenjohnbanker

Once the illegals realized Ike meant business, many self deported.


They always do....look what happened when AZ was allowed to enforce their immigration law. Illegals fled AZ, by the thousands...either back home, or to other states that would take them in.

Trump knows this. That’s why he’s not worried about how to go about it.


136 posted on 08/17/2015 2:59:02 PM PDT by Jane Long ("And when thou saidst, Seek ye my face; my heart said unto thee, Thy face, LORD, will I seek")
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To: The Final Harvest

We don’t even need mere clues when it comes to Jeb, in the current political atmosphere, he feels perfectly emboldened to just say that he wants to bring in more illegals and reward tham all for breaking the law, with entitlements and priviliges which taxpaying, law-abiding citizens don’t even get, though we do get to foot the bill (including the hidden costs such as illegals murdering citizens with impunity).


137 posted on 08/17/2015 2:59:04 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: stephenjohnbanker

And even then, in the days before the levels of record-keeping now available to us, he was able to just bodily deport huge numbers of them in Operation Wetback.


138 posted on 08/17/2015 3:00:59 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: skeeter

I agree 1000%, straight up originalist here.


139 posted on 08/17/2015 3:01:19 PM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: Jane Long

“look what happened when AZ was allowed to enforce their immigration law. Illegals fled AZ, by the thousands.”

I watched it first hand. Interstate 10 was flooded with illegals leaving AZ.


140 posted on 08/17/2015 3:03:37 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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