Judge blocks Trump immigration order for Syrian family[W:44]

[apdst]

Re: Judge blocks Trump immigration order for Syrian family

The woman in Syria didn't bring the action. A man and father in America did.

The order doesn't say it violates the Constitution, I think. In that specific case, I believe the Court is deciding irreparable harm because of something the country "guaranteed" before and is now changing its mind.

In any case, it is up to the Courts to determine its Constitutionality. It seems Constitutional, since it left out the Muslim ban language and clarified the green card and Visa situations.

That doesn't change the fact that it's an illegal ruling.

 

[apdst]

Re: Judge blocks Trump immigration order for Syrian family

That will be determined by a higher Court. Not you or me or Trump.

This is why the founding fathers set up the checks and balances system with the Courts deciding legalities of the other two branches.

I don't think the Court said the order is unconstitutional. But I haven't read the order yet. Maybe the decision will be overturned. Maybe not.

Trump is seeing that governing is very different from being the boss of a company, where there are no checks and balances.

I'm an American citizen. I damn well have a right to make a dtermination.

 

[apdst]

Re: Judge blocks Trump immigration order for Syrian family

But judges do. Often. And at all levels.

It doesn't make it right.

 

[jimbo]

Re: Judge blocks Trump immigration order for Syrian family

I'm sure I'll be corrected if I'm wrong here, but I'm reading the article a little differently than the OP.

The Syrian man has already been granted asylum in 2016 and "his wife and 3-year-old daughter were near to having asylum granted before Trump became president and issued two immigration orders." Apparently Attorneys for the U.S. Department of Justice said the asylum request for the man's wife and daughter are being processed.

That reads to me like there are concerns that President Trumps revised immigration order that restricts immigration from Syria, could now apply to his wife and daughter even though their requests are currently being processed.

Being processed does not mean being approved.

 

[Mac77]

Re: Judge blocks Trump immigration order for Syrian family

Not only that, President Trump's EO doesn't violate The Constitution, nor the law, therefore the judge can't rule against it.

Hence the judge is overstepping his authority

My guess is that the wife and child wojld have gotten a visa

But if I were trump I'd tell the judge to stick it and deny the application

 

[jimbo]

Re: Judge blocks Trump immigration order for Syrian family

It doesn't make it right.

I agree. There are three separate and distinct branches of government for a reason.

Congress makes laws
Executive implements laws.
Judicial decides who's right in the event of a dispute.

 

[Mac77]

Re: Judge blocks Trump immigration order for Syrian family

A woman in Syria didn't bring the action. The husband in America did.

On behalf od his wife in syria

But as I said in the post above the visa request can be denied and should be to prevent more judicial overstepping of authority

 

[JumpinJack]

Re: Judge blocks Trump immigration order for Syrian family

Yea, that's right. We were about to deport someone who had been granted asylum to almost certain death. He gets to stay, and his family will get to come here and stay with him The cynical argument put forth by the government was that this family gets to be reunited if he is deported. They are right on that. This family will be reunited right here in the USA, and out of harm's way.

There are other cases moving through the Federal courts challenging Trump's Immigration Ban 2.0, but this decision applies to this family only. This intervention and decision has most likely saved lives. Contrary to popular opinion, FDR was not the greatest president ever. One of his orders deported a boat load of Jews back to Germany, where they were murdered, and the courts stood behind him. Thank God the courts are not rubber stamping something similar again.

Judge blocks Trump immigration order for Syrian family | khou.com

Well, almost. The TRO says that the EO doesn't apply to this family, so that the plaintiff can continue proceeding with his application to bring his wife and child here. It doesn't decide that the plaintiff CAN bring his wife and child here. That's for another agency or court to decide later. It does say that the plaintiff has a chance of winning in his pursuit of bringing his wife and child here, and of him remaining here, so because of that, the TRO is granted, preventing the EO from interfering with this man's process that was started when the U S granted him asylum in 2014.

The U S even argued that the TRO isn't necessary because the EO may not even apply to the plaintiff's situation. Which caused the TRO judge to state that that adds to the reasoning for the TRO granting; if the EO doesn't apply, then a TRO doesn't matter.

Boggles the mind why the U S spent money and time fighting this TRO. It's an isolated instance where someone was already granted asylum years ago.

 

[JumpinJack]

Re: Judge blocks Trump immigration order for Syrian family

On behalf od his wife in syria

But as I said in the post above the visa request can be denied and should be to prevent more judicial overstepping of authority

No. Here's the order. https://drive.google.com/file/d/0B_6gbFPjVDoxN19DUUpYSjAyUEE/edit

The man was already granted asylum years ago and was in the application process of bringing his wife and child here. This court granted a TRO, meaning the EO can't interfere with the process that the U S said years ago he could do. Because his wife and child, and himself if he's deported, could die in Syria.

The U S lawyer even argued that the EO may not even apply to this man's situation. To which the judge replied in the order, that if the EO may not apply, then it doesn't matter if a TRO is granted.

This action was brought by a Syrian man, who is living here under grant of asylum by the U S, asking a court that the new EO not interfere with the process that was started years ago in good faith, based on the granting of asylum previously by the U S.

The order does not allow the wife and child to come here. It merely prevents the EO from interfering with the process that was started years ago and interfering with his asylum status that was granted years ago.

It's a limited situation. I don't know why the U S even bothered to spend the time and money to fight this. It's an isolated situation based on prior U S legal actions.

 

[PeteEU]

Re: Judge blocks Trump immigration order for Syrian family

I'm an expert on common sense. Have a working knowledge of the Constitution. What I know is the job of judges is determining of a law has been broken. Judges are hot Constitutionally allowed to make law. That they do it anyway is a problem.

Then your common sense is wrong. Judges are there to interpret when needed and carry out the law. It has always been like that in any legal system.

 

[PeteEU]

Re: Judge blocks Trump immigration order for Syrian family

I'm expert enough to understand the limits of a judges constitutional authority.

How about, instead of silly attacks and accusations, you present an actual argument that refutes what I said?

Constitutional authority seems to only matter when it goes against your right wing beliefs eh? Pathetic.

 

[Mac77]

Re: Judge blocks Trump immigration order for Syrian family

No. Here's the order. https://drive.google.com/file/d/0B_6gbFPjVDoxN19DUUpYSjAyUEE/edit

The man was already granted asylum years ago and was in the application process of bringing his wife and child here. This court granted a TRO, meaning the EO can't interfere with the process that the U S said years ago he could do. Because his wife and child, and himself if he's deported, could die in Syria.

The U S lawyer even argued that the EO may not even apply to this man's situation. To which the judge replied in the order, that if the EO may not apply, then it doesn't matter if a TRO is granted.

This action was brought by a Syrian man, who is living here under grant of asylum by the U S, asking a court that the new EO not interfere with the process that was started years ago in good faith, based on the granting of asylum previously by the U S.

The order does not allow the wife and child to come here. It merely prevents the EO from interfering with the process that was started years ago and interfering with his asylum status that was granted years ago.

It's a limited situation. I don't know why the U S even bothered to spend the time and money to fight this. It's an isolated situation based on prior U S legal actions.

The judge is overstepping his authority

Even your own convoluted explaination boils down to the judge ordering the executive brance to process her application

Which if it were up to me would result in an automatic denial of her request

Then see how the syrian man and his judge like that

 

[jimbo]

Re: Judge blocks Trump immigration order for Syrian family

Then your common sense is wrong. Judges are there to interpret when needed and carry out the law. It has always been like that in any legal system.

I thought that's what I said. Judges are not there to carry out law.

 

[apdst]

Re: Judge blocks Trump immigration order for Syrian family

Constitutional authority seems to only matter when it goes against your right wing beliefs eh? Pathetic.

I support The Constitution 100% of the time. I dare you to provide evidence of the contrary.

 

[apdst]

Re: Judge blocks Trump immigration order for Syrian family

Then your common sense is wrong. Judges are there to interpret when needed and carry out the law. It has always been like that in any legal system.

This judge didn't interpret any violation of The Constitution. Hence, his ruling is illegal.

 

[jimbo]

Re: Judge blocks Trump immigration order for Syrian family

Constitutional authority seems to only matter when it goes against your right wing beliefs eh? Pathetic.

Pete, who said that? But there was a question buried in the post:

How about, instead of silly attacks and accusations, you present an actual argument that refutes what I said?

Any thoughts on that? Or is RW something or other your only answer?

 

[jimbo]

Re: Judge blocks Trump immigration order for Syrian family

This judge didn't interpret any violation of The Constitution. Hence, his ruling is illegal.

Exactly.

 

[Kal'Stang]

Re: Judge blocks Trump immigration order for Syrian family

Then your common sense is wrong. Judges are there to interpret when needed and carry out the law. It has always been like that in any legal system.

Wrong. No judge carries out the law. They only interpret the Constitutionality of a law. The executive branch is the one that carries out the laws. Not the judicial branch.

 

[Kal'Stang]

Re: Judge blocks Trump immigration order for Syrian family

Moderator's Warning:

You've made a couple of posts in here that are nothing more than personal commentary against other posters. Stop it. Stick to the topic of the thread or be banned from the thread. Constitutional authority seems to only matter when it goes against your right wing beliefs eh? Pathetic.

 

[Hawkeye10]

Re: Judge blocks Trump immigration order for Syrian family

Wrong. No judge carries out the law. They only interpret the Constitutionality of a law. The executive branch is the one that carries out the laws. Not the judicial branch.

Yes, and this is why there are constraints on what judges can do, because once they lose the people they have no power at all...something that watchers have been concerned about for awhile because the courts have become extremely political and have insuerted themselves into so many places, often against the majority.

 

[danarhea]

Re: Judge blocks Trump immigration order for Syrian family

Yes, and this is why there are constraints on what judges can do, because once they lose the people they have no power at all...something that watchers have been concerned about for awhile because the courts have become extremely political and have insuerted themselves into so many places, often against the majority.

Judges are a good remedy against the tyranny of the majority.

 

[Hawkeye10]

Re: Judge blocks Trump immigration order for Syrian family

Judges are a good remedy against the tyranny of the majority.

Nope, because the majority have guns (Thanks Founders!)

We tolerate the minority for as long as we choose to do so, then we impose our will, judges cant change that.

POWER 101

 

[danarhea]

Re: Judge blocks Trump immigration order for Syrian family

Nope, because the majority have guns (Thanks Founders!)

We tolerate the minority for as long as we choose to do so, then we impose our will, judges cant change that.

POWER 101

Are you advocating assassinating judges?

 

[Linc]

Re: Judge blocks Trump immigration order for Syrian family

Judges are a good remedy against the tyranny of the majority.

Especially against Steve Bannon deconstructing the executive branch .

 

[Hawkeye10]

Re: Judge blocks Trump immigration order for Syrian family

Are you advocating assassinating judges?

Surely you know me better than that, Surely we are THAT close....

I have judged you very highly as you know.

Please dont disappoint me.

tyvm