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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: Las Vegas Ron

The absolutists believe that in order to be ‘subject to the jurisdiction thereof’ all one needs to be is physically within the boundaries of the USA, regardless of how you arrived and whether anyone knows you’re here or not.


101 posted on 08/17/2015 2:25:24 PM PDT by skeeter
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To: BradtotheBone

Ok then. The Donald will do what Obozo has been doing for 6 years with no consequence whatsoever : Simply ignore the constitution and do whatever the heck he likes. What’s good for the goose ......


102 posted on 08/17/2015 2:25:29 PM PDT by SmokingJoe
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To: hal ogen

He also was one calling for closing Gitmo and bringing all the terrorists to US soil for trial.


103 posted on 08/17/2015 2:25:48 PM PDT by Rastus
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To: BradtotheBone

Funny - Ike did it with no issues


104 posted on 08/17/2015 2:26:37 PM PDT by reed13k (w)
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To: Will88
Nap seemed very eager shot down Trump’s plan.

Gee, I wonder why.

105 posted on 08/17/2015 2:27:26 PM PDT by firebrand
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To: mkjessup

That’s how they did it before liberals created the concept of “anchor babies”.


106 posted on 08/17/2015 2:28:50 PM PDT by Varda
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To: skeeter
Ah, I understand now.

Thanks for clearing that up FRiend ;)

107 posted on 08/17/2015 2:29:50 PM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: 9YearLurker

Definitely it’s an abomination that should be repealed. But repeal is what’s needed to get rid of it, not Donald Trump acting alone.


108 posted on 08/17/2015 2:30:05 PM PDT by ScottinVA (Liberalism is the poison ivy that infests the garden of society.)
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To: BradtotheBone

Anchor babies are a fact. However, the judge is ignoring that the law says a child cannot be used to grant immigration status to family members until the child is 21 years old.

The illegal parents can be deported, Judge Napolitano. The child cannot keep them here.

What are the deported parents going to do...leave their children behind? I doubt it.


109 posted on 08/17/2015 2:31:01 PM PDT by xzins (Don't let others pay your share; reject Freep-a-Fare! Donate-https://secure.freerepublic.com/donate/)
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To: Lurker
"The judge is wrong."

Some agree. some don't. He's a die hard Libertarian and unfortunately allows that to cloud his 'rulings' on occasion.

110 posted on 08/17/2015 2:31:30 PM PDT by moehoward
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To: BradtotheBone

Sorry judge. We can do what we want. If their parenrs go they go too. They arent citizens ,they are foreign invaders trying to overthrow American govt.


111 posted on 08/17/2015 2:32:08 PM PDT by Carry me back (.Cut the feds by 90%)
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To: BradtotheBone; Lib-Lickers 2; mrsmel; kingu; mkjessup; Lurker; Da Coyote; LeoWindhorse; Spok; ...
Use incentives to get illegals to self deport... they got here on their own - they can leave here on their own. Dock the pay of ALL illegals an extra 20%. (think of it as a tax - the SC will understand)

Give 5% of money docked to the employer (to give the employer an incentive to dock the pay) and put the other 15% in a Federal Savings Account payable to the worker when he ‘self deports’... When he's back in his home country he gets the money put aside for him.

If the worker doesn't self deport within 5 years - up the amount taken out of his pay and decrease the amount in his ‘savings’ account. People got here on their own - they can leave on their own.

Oh - and the ‘earned income credit’ goes into the same account. They pick up a pretty penny when they leave and we don't have liberals taking about ‘rounding up children’ and putting them on trains with frightening whistles out of 1044 Germany...

112 posted on 08/17/2015 2:32:33 PM PDT by GOPJ (Research facilities aren't using two million pounds of dead babies a year. Who's got the rest ?)
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To: BradtotheBone

“The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen.”

No, it does not say that. There are exceptions - such as kids born to an invading army. That sounds pretty close.

There was no such thing as “illegal immigration” at the time of the US Constitution. That’s because an illegal alien was also “arrested”, and was then called “a prisoner”.


113 posted on 08/17/2015 2:32:49 PM PDT by Mr Rogers (Can you remember what America was like in 2004?)
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To: Carry me back
They arent citizens ,they are foreign invaders trying to overthrow American govt.

Invaders being the operative word....spot on post.

114 posted on 08/17/2015 2:34:26 PM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: dogcaller
Guess, according to the judge, America must just go ahead and commit national suicide.

He says this because he has no soul.

To evil humans like the judge it is purely an intellectual exercise, nothing more.

True justice would require that ALL anchor baby birth certificates be revoked. F. them all.

The vast majority of illegals are here to DESTROY our way of life.

The evil illegal hoards are omitting a slow war of destruction against American citizens.

115 posted on 08/17/2015 2:34:34 PM PDT by sand88 (We can never legislate our way back to Liberty)
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To: BradtotheBone

Remind them how sending Elian Gonzalez to Cuba was supposed to be the “humane and proper” thing.


116 posted on 08/17/2015 2:34:44 PM PDT by Buckeye McFrog
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To: GOPJ

That is an extremely well thought out proposal, kudos to you!


117 posted on 08/17/2015 2:36:53 PM PDT by mkjessup (Iran has an ayatollah for it's 'supreme leader', America has an ASSAHOLLAH !!!)
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To: BradtotheBone; Liz; AuntB; La Lydia; sickoflibs; stephenjohnbanker; Tolerance Sucks Rocks; ...

“The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen.
________________________________________

The Constitution does not say this at all...

no matter the intent of the parent is not mentioned at all...in fact the Constitution says the parents intent must be one of obeying the law and being “subject to the jurisdiction thereof” the illegal aliens do not intend to be subject to anything to do with American law or anything else..

They deliberately break the law when they come here illegally and they continue to live as outlaws after they arrive with no intention of changing their lawless status by going back home..

Plus the child is not an NBC because his parents are not American citizens...as an NBC the anchor baby of illegal aliens could be POTUS !!!

I wonder what Napolitano has to say about Ted Cruz who had American citizen parents when he was born...


118 posted on 08/17/2015 2:36:57 PM PDT by Tennessee Nana
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To: ScottinVA

So what—90% of what presidential candidates propose requires a vote from Congress.

Is there some special standard now being set up for Trump, where he can only propose actions that he as the president can effect by himself?


119 posted on 08/17/2015 2:40:52 PM PDT by 9YearLurker
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To: Buckeye McFrog

It was a custody issue, courts send ‘natural born’ children born in the US to live with a foreign national parent. It happens. Those children (if born on US soil) are free to return when of age. In the mean time children of Illegals go home with the parents.


120 posted on 08/17/2015 2:40:53 PM PDT by moehoward
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