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To: An.American.Expatriate
Yes, I know that. What's the point? It's not my decision, it's the court's. I'm only explaining the due process issue that the court thinks might be a problem. It's these people, because the court says they do have due process rights and the order didn't allow any procedure for them to challenge the result.

People are over reacting to this because they don't understand the legal procedures. This isn't a trial on the merits, it's an emergency appeal of an existing temporary restraining order. There has been no trial yet on the merits.

Still, the court basically tipped off the administration to exactly what they could do to address the issues. Rewrite a new order that either, 1) bars only aliens and doesn't interfere with legal residents or visitors, or 2) create a process for visa and green card holders to challenge a decision to bar them.

From other stories I see this morning it appears that's what is going to happen.

321 posted on 02/10/2017 9:45:23 AM PST by mlo
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To: mlo

When they leave the country, they have no due process rights for return. Current law already forsees:

Even a permanent resident (green card holder) isn’t safe from being found inadmissible. If a permanent resident departs the U.S., it’s possible for him or her to be found inadmissible upon return. This situation might arise, for example, if the person had been gone from the U.S. for too long, had committed a crime, had developed tuberculosis, or had begun receiving public assistance since receiving the green card.

Further, whatever due process rights such a person might have when the reach the US have NOT been eradicated in that EO - the one section that could bar them also allows for the Offices of the Secretaries of State and Homeland Security the authority to grant waivers on a case by case basis - which directly implies that there is a path to entry for these people.

Lastly, the “point” is, entry to the US for non-citizens is a privilege, not a right. Rights can not be denied without due process - privileges are granted and rescinded at will.


322 posted on 02/10/2017 10:02:03 AM PST by An.American.Expatriate (Here's my strategy on the War against Terrorism: We win, they lose. - with apologies to R.R.)
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