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Myth vs. Fact: Yes, the Schumer-Rubio bill does allow lawsuits to gut border security
The Washington Examiner's Beltway Confidential ^ | April 18, 2013 | Conn Carroll

Posted on 04/19/2013 6:12:34 PM PDT by 2ndDivisionVet

Either Sen. Marco Rubio failed to stay awake in his civil procedure class at the University of Miami Law School, or Sen. Chuck Schumer’s lawyers pulled a fast one on him. How else to explain the Florida Republican’s "MYTH VS. FACT" press release purporting to show that his “Border Security, Economic Opportunity & Immigration Modernization Act” does not enable liberal activist groups to nullify the security measures in the bill by tying them up in court. Rubio writes:

While it is true that any legislation passed by Congress is subject to potential review by the Supreme Court (see: ObamaCare), it is simply hysteria to suggest that the ACLU, or any other group for that matter, can derail the security triggers by simply tying them up in court for 10 years. The fact is that the federal government must fully implement the border security plans, the employment verification system and the exit system to track visa overstays before a single green card is awarded. E-Verify and the exit system must be 100 percent implemented within five years, and those enforcement measures begin on day one, not once any pending lawsuits are settled. Merely filing a lawsuit cannot stop the implementation of any section of this legislation and nothing short of a court ordered injunction could delay the security measures from going into place.

In fact, to defend the legislation from the type of lawsuits skeptics fear, the bill specifically limits litigation around the border fence to constitutional challenges.

In addition, employment verification and the entry-exit visa system must be up and running within five years of the legislation being passed. This leaves plenty of time for judicial review, and complete implementation of the security triggers before the 10 year mark....

(Excerpt) Read more at washingtonexaminer.com ...


TOPICS: Florida; Issues; Parties; U.S. Senate
KEYWORDS: immigration; rubio; schumer

1 posted on 04/19/2013 6:12:34 PM PDT by 2ndDivisionVet
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To: 2ndDivisionVet
Either Sen. Marco Rubio failed to stay awake in his civil procedure class at the University of Miami Law School, or Sen. Chuck Schumer’s lawyers pulled a fast one on him.

There is a third possibility.

2 posted on 04/19/2013 6:19:27 PM PDT by skeeter
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To: 2ndDivisionVet
What a shock! BOY! No one saw this one coming!

Wait! . . . I said this once already. Twice in one day this happens? Hoo wooda thunkit?

3 posted on 04/19/2013 6:30:07 PM PDT by YHAOS
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To: 2ndDivisionVet

Why does all this crap have 5 and 10 year triggers to start?

Not that I like any of it.

Chuckie Schumer and Marco Rubio.... trouble in a pair.


4 posted on 04/19/2013 6:48:03 PM PDT by Sequoyah101
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To: 2ndDivisionVet

And what’s more, according to the new bill, immigrants who are allowed to enter the United States under a work visa will be ‘granted’ a taxpayer-funded cellular phone. Think about that one next time you pay your Algore Universal Service Fee on your phone bill.


5 posted on 04/19/2013 7:06:45 PM PDT by La Lydia
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To: 2ndDivisionVet

Rubio read the executive summery ( actually the useful idiot summery) only.


6 posted on 04/19/2013 7:35:03 PM PDT by DManA
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To: skeeter

I’m tired of republicans claiming they were FOOLED by the dem when they agreed to something.


7 posted on 04/19/2013 8:07:12 PM PDT by 4rcane
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To: 2ndDivisionVet

They can sue and say the method of enforcement is illegal. It’s okay to enforce the law but their is no method that is legal. Like they do with the death penalty.

The ACLU sues over employment verification.

Not to mention the illegals who injure themselves and have access to public benefits on a long path to deportation. Illegal aliens can have anchor babies and those future anchor babies will get full benefits. Judge Napolitano has said that the courts usually rule illegals have rights to some healthcare.


8 posted on 04/19/2013 8:08:26 PM PDT by ObamahatesPACoal
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