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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: mrsmel

Correct.


141 posted on 08/17/2015 3:04:11 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: moehoward

Well .. that doesn’t mean we are stuck with this situation; it means we need a new law that says; child cannot be citizen of USA, unless parent is already a citizen.


142 posted on 08/17/2015 3:08:22 PM PDT by CyberAnt ("The fields are white unto Harvest")
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To: BradtotheBone

Ha! Barry has already set the precedent of not allowing that steenkin’ Constitution to even slow him down!


143 posted on 08/17/2015 3:09:44 PM PDT by Twinkie (John 3:16)
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To: stephenjohnbanker
Funny how the establishment's support of illegal immigration and blamket amnesty jibes perfectly with the CoC's desire for cheap labor. Also, along the same lines, that the only successful Republican policy in recent years has been union-busting, which also ties in wth that agenda. The only one that's been successful. I never had any use for unions, but it's just uncanny how the one policy which would be supportive of cheap labor, along with unfettered immigration and the financila support of the CoC, is the only one which has made any headway.
144 posted on 08/17/2015 3:10:03 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: BradtotheBone

A lot of people just read head lines. SO, the take away is Trump won’t be able to do it.


145 posted on 08/17/2015 3:12:54 PM PDT by Leep (Vote Bush! Join the Bush League! Why? Because we say so!)
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To: mrsmel

“Funny how the establishment’s support of illegal immigration and blamket amnesty jibes perfectly with the CoC’s desire for cheap labor.”

Apparently, all they care about. I remember when the CoC was our friend, instead of our sworn enemy.


146 posted on 08/17/2015 3:13:11 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: SoFloFreeper
Exactly. The question goes to the INTENT OF THE AMENDMENT. I believe Scalia would agree.

Teflon Don now has the media clowns reacting to him. What's going to happen in the next few months is going to be sight to see. Trump is going to rip their untruthful schemes apart.

Trump will be several steps ahead of them. He can have a parade of experts going through the history of citizenship pertaining to illegal immigration that has been obscured for years. He has very good back up with Senator Sessions and few more who will be put front and center on the immigration issue. When you lie all the time sitting on top of a weak and rotten limb, someone may come by and cut it off. The GOPE, Fox, and many others are about to get called out.

147 posted on 08/17/2015 3:13:30 PM PDT by Red Steel (Ted Cruz: 'I'm a Big Fan of Donald Trump')
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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. He could not change that.

The judge misses the point here. Trump was not talking about stripping citizenship; he was talking about keep families together. IF parents get deported, they take their children with them.

Further, Trump wants to do away with the SCOTUS anchor baby edict. In my opinion, that can be done legislatively by with no Constitutional Amendment necessary.

148 posted on 08/17/2015 3:15:11 PM PDT by DBeers (†)
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To: stephenjohnbanker
It's just even more of a flashing neon light to me that the Republicans have only succeeded in pushing through one conservative policy, just one, and that was breaking the unions. Strangely enough, they manage to accomplish this (and no other conservative policy) in sync with the disclosure of the fact of the CoC funding them to support amnesty (cheap labor). It's all of a piece. They couldn't pass one conservative policy, except to bust unions, just at the same time they dig in their heels on amnesty, with major backng from the CoC and others who have interests in cheap labor.
149 posted on 08/17/2015 3:18:26 PM PDT by mrsmel (I won't be reconstructed and I do not give a damn.)
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To: mrsmel

Glad to see that you get it. I wish more of us did!


150 posted on 08/17/2015 3:19:44 PM PDT by stephenjohnbanker (My Batting Average( 1,000) (GOPe is that easy to read))
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To: EternalVigilance

“...and subject to the jurisdiction thereof...”
___

You are exactly right. I don’t understand why Napolitano ignored this crucial part of the 14th.


151 posted on 08/17/2015 3:20:30 PM PDT by lakecumberlandvet (APPEASEMENT NEVER WORKS.)
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To: The Final Harvest

No, we’re not stuck.

Congress can eliminate the anchor baby incentive by law.

But I think you are missing a crucial point. Children born in the US can be ‘deported’ even if one parent is a US citizen. So certainly a child born to Illegal Alien parents can be deported.


152 posted on 08/17/2015 3:21:40 PM PDT by moehoward
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Comment #153 Removed by Moderator

To: EternalVigilance
The children of foreign nationals are not "subject to the jurisdiction thereof" the United States of America. They are "subject to the jurisdiction thereof" the country of which their parents are citizens or subjects.

So foreign nationals cannot be arrested if they break the law in the U.S.?

154 posted on 08/17/2015 3:25:42 PM PDT by DoodleDawg
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To: EternalVigilance

BTTT


155 posted on 08/17/2015 3:25:46 PM PDT by HANG THE EXPENSE (Life's tough.It's tougher when you're stupid.)
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To: ScottinVA
Exactly. The 1965 Immigrant Rights Law would have to repealed to end the birthright provision.

So would the 14th Amendment.

156 posted on 08/17/2015 3:27:05 PM PDT by semimojo
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To: EternalVigilance
The children of foreign nationals are not "subject to the jurisdiction thereof" the United States of America. They are "subject to the jurisdiction thereof" the country of which their parents are citizens or subjects.

So foreign nationals cannot be arrested if they break the law in the U.S.?

157 posted on 08/17/2015 3:29:24 PM PDT by DoodleDawg
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To: DoodleDawg
So foreign nationals cannot be arrested if they break the law in the U.S.?

Of course they can. They are subject to the laws of our land just like everyone else, as long as they're here. They're not entitled to the privileges and immunities of citizens though.

158 posted on 08/17/2015 3:31:29 PM PDT by EternalVigilance
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To: southernerwithanattitude
By this reasoning a child born in Cancun while the parents are on vaction is a Mexican citizen?

Actually yeah, they are.

159 posted on 08/17/2015 3:31:54 PM PDT by DoodleDawg
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To: EternalVigilance
The children of foreign nationals are not "subject to the jurisdiction thereof" the United States of America.

Of course they are. They can be arrested and punished according to our laws solely on our say so.

Foreigners with diplomatic immunity? Not so much.

160 posted on 08/17/2015 3:32:26 PM PDT by semimojo
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