Trump travel ban dealt another blow by Maryland judge

Bill

Malarkeyville
Po' bully, nobody wants to play w/ his sloppy orders...

rump's temporary travel ban targeting six majority-Muslim countries was dealt another blow Thursday after a federal judge in Maryland suspended a portion of the ban that prevented visas being issued to nationals of the six countries.

The Maryland decision follows a ruling by a federal judge in Hawaii on Wednesday, although it is narrower in scope.

In the Hawaii ruling, U.S. District Judge Derrick Watson issued a nationwide halt to the ban that would have barred new visas and prevented the admission of new refugees. It was a stinging rebuke of Trump's second attempt to institute the controversial order just hours before it was to take effect.

The executive order, signed by Trump on March 6, bars citizens of Iran, Libya, Somalia, Sudan, Syria and Yemen for 90 days and all refugees for 120 days. It includes several changes from the original ban struck down in court. The new order would have removed Iraq from the list.

Watson wrote in his ruling that the federal government had not proved the ban was needed to protect the U.S. from terrorists trying to infiltrate the country through legal immigration or the refugee program. He wrote that despite changes made by the White House to the new ban, it clearly violated constitutional protections of religion based on comments made by Trump during his presidential campaign.

The Maryland ruling was made by U.S. District Judge Theodore D. Chuang. Like Watson, he determined that Trump's executive order was "the realization of the long-envisioned Muslim ban" and also pointed to comments made by Trump throughout his campaign.

Chuang granted a preliminary injunction on a nationwide basis, but declined to stay the ruling should an emergency appeal be filed.

A Judge in Washington state heard arguments on the legal challenges Wednesday and may also issue a ruling Thursday.

Watson, who was appointed by President Obama in 2013, issued a temporary restraining order, and wrote that it would remain in effect if the Department of Justice appeals the ruling.

More @ source
 
Watson wrote in his ruling that the federal government had not proved the ban was needed to protect the U.S. from terrorists trying to infiltrate the country through legal immigration or the refugee program. He wrote that despite changes made by the White House to the new ban, it clearly violated constitutional protections of religion based on comments made by Trump during his presidential campaign.
same stuff. campaign rhetoric is supposedly the guidance, and questioning the effectivity -which is clearly no the courts role,
They must be judge shopping,
 
I love how you libs are cheerleaders for Liberal activist judges. This is bullshit. We should be able to secure our country the way we want to.

Nothing in the constitution says we are required to allow foreigners into the country and that the executive has zero control. In fact is says the opposite. These judges are high on meth.
 
I love how you libs are cheerleaders for Liberal activist judges. This is bullshit. We should be able to secure our country the way we want to.

Nothing in the constitution says we are required to allow foreigners into the country and that the executive has zero control. In fact is says the opposite. These judges are high on meth.

So we should just throw out what experienced judges say & just go w/ some guy named Irish on the internet....:nonono:
 
I love how you libs are cheerleaders for Liberal activist judges. This is bullshit. We should be able to secure our country the way we want to.

Nothing in the constitution says we are required to allow foreigners into the country and that the executive has zero control. In fact is says the opposite. These judges are high on meth.

Hahaha, cant be that the Presidential Order is possibly an overreach by President Rump... Only Obama overreached... "Im sure I understand the Constitution better than several federal judges who found differently", these highly educated Bush appointed Federal Judges must simply be hyper political.


#winning
 
Maybe Trump should just borrow whatever Barry wrote, sign his name to it to get'r done, LOL.




From Washington Examiner

Obama has barred huge groups of potentially dangerous immigrants from entering the United States at least six times, undercutting his claim that barring Muslims from terrorist countries as Donald Trump has proposed is un-American.

In his first ban, according to a search of White House records, Obama instituted a ban on “immigrants or nonimmigrants” covered by a larger United Nations travel ban. He also included those on an economic sanctions list. Most countries were Muslim.

He cited the very same section of law that many critics of his policies have asked him to use, “section 212(f) of the Immigration and Nationality Act of 1952.” It says, “Whenever the president finds that the entry of aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, the president may, by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or non-immigrant’s or impose on the entry of aliens any restrictions he may deem to be appropriate.”

He used the same provision five other times, one more in 2011, twice in 2012 and twice in 2014. In those, he targeted people aiding Iran, Syria, Crimea, and those involved in war crimes.

Still, in his latest tirade against Trump’s call for a ban on Muslims from terror nations, Obama said such bans violate the American way.

In reaction to the Orlando terror attack, Trump said, “When I’m elected, I will suspend immigration from areas of the world where there is a proven history of terrorism against the United States, Europe or our allies until we fully understand how to end these threats.”

Obama ripped him. “That’s not the America we want,” he said. “It doesn’t reflect our democratic ideals. It will make us less safe.”

White House documents also show that former President Bill Clinton issued six immigrant bans; George W. Bush six immigrant bans; and former President Ronald Reagan four. And in 1980, former President Jimmy Carter banned Iranians after Tehran seized the U.S. embassy.

Below are Obama’s actions:

— July 25, 2011. Barred those under a UN travel ban, or who broke 29 executive orders covering transactions with terrorists.

— Aug. 4, 2012. Banned anybody involved in war crimes, or just about any other crime including human rights violations.

— April 23, 2012. Barred those helping Syria or Iran, or involved in human rights abuses for those governments.

— May 1, 2012. Another block on those helping Iran and Syria.

— April 3, 2014. Banned anyone known to threaten South Sudan.

— March 6, 2014 . Barred entry of those claiming government authority in the Crimea region of Ukraine, presumably on behalf of Moscow.
 
same stuff. campaign rhetoric is supposedly the guidance, and questioning the effectivity -which is clearly no the courts role,
They must be judge shopping,

Your more delusional than a shit house rat.

America is not on dumps side, we all know it's a racist piece of shit ban no matter how much he tweaks it.
 
WHO SAYS U.S. DOESN'T DISCRIMINATE IMMIGRANTS BY RELIGION?????????? They do it so they CAN enter! :palm:

FOX News 3/14/17

Jihadis using religious visa to enter US, experts warn............

A U.S. visa program designed to temporarily admit religious workers from other countries may be letting jihadists into the country, security experts and religious leaders warn.

The R visa program is for non-immigrant clerics and religious workers and allows successful applicants to stay in the U.S. for up to five years. They are then allowed to apply for a permanent residency under their R-1 status.

But some critics say the visa raises red flags and has long been abused by leaders with extreme views.

"People have come in and tried to come in with this visa to preach their hardline and dangerous views, and then encourage [the] vulnerable to travel back with them where they are further brainwashed and can potentially be used to harm the USA," Adnan Khan, former president of the Council of Pakistan American Affairs, told Fox News. "The solution isn't banning innocent Muslims and migration, but looking at visas like this one which have raised red flags and caused trouble in the past."

Khan also said several letters have been written to federal agencies over the past four years concerning the R program, but they have failed to get a response.

"We want dialogue with Homeland Security and all the agencies on this," he continued. "We want to be sure no one can come here and spread hate."

The R visa program, which also extends temporary residency to spouses and unmarried children under the age of 21, worries military experts.

Col. James Williamson, who founded a group that advocates for U.S. special forces, said the program, which was created in 1990, must be tightened because of the extent to which it makes the U.S. vulnerable to jihadi attacks.

"The administration should at least temporarily suspend this dangerous loophole in our immigration process," he said. "But they should brace for backlash. In spite of applying equally to all religions, it'll be maligned and portrayed as another form of a Muslim ban."

While some have raised varying concerns over the R program, others assert that its pros outweigh its cons: Allowing foreigners to pursue their pious calling, gain extensive knowledge in the U.S., impart their existing knowledge to Americans and in turn give Americans the chance to pursue religious endeavors abroad.

"The R visa program facilitates the free exercise of religion by Americans. Most R-1 visa holders are coming to the U.S. to temporarily preach in an established U.S. church, synagogue, mosque, which is supported by American citizens," James Wolf of the California-based immigration law firm Visawolf said. "Usually their coming to the U.S. is part of an informal exchange of religious workers that occurs internationally.”

Unlike other immigrant visas, which are doled out in limited numbers, there are no quotas for the R-1 visa. Statistics regarding countries or religions that have received the visa are not documented.

Between 2012 and 2016, the U.S. issued 23,029 R-1 visas – averaging 4,605 per year – as well as 7,637 R-2 visas for spouses and children, or about 1,528 annually.

Red flags about the program have been raised for years. In 2004, seven top officials of the Holy Land Foundation – then the largest Muslim charity in the country – were indicted for providing material and upward of $12 million in financial support to the Palestinian terrorist group Hamas. The indictment stated that several of the religious leaders established the now-defunct charity by submitting false R visa applications on behalf of more than 200 immigrants from the Middle East.

Three years earlier, Muhammad Khalil, who ran a mosque in the basement of a Brooklyn store, was convicted in New York for filing over 200 falsified applications for fake jobs at his house of worship.

In 2007, after a lengthy investigation, Department of Homeland Security officials called the R visa program's fraud rate "excessively high." The DHS investigation concluded that more than 30 percent of applicants had submitted phony information or were unqualified for their positions. In some cases, their employers or places of worship did not exist, a problem that has since been somewhat rectified by official inspections and site visits.

The program has also been criticized for other reasons. DHS officials came under fire by some human rights groups and activists for allegedly targeting imams on the visa under the guise of combating terrorism.

One of those critics is William Stock, a partner at the Philadelphia-based Klasko Immigration law firm, who said that the fraud concerns that were raised resulted in heavy new regulations and procedures in 2011.

"Now, any religious worker petition requires extensive documentation of the sponsoring organization, its financial condition and membership. As well, every organization receives a 'site visit' from a USCIS [United States Citizenship and Immigration Services] officer and ensures it really exists," he said. "I think USCIS went overboard with the 2011 regulations."

Stock said most R-1 cases he works on pertain to Christian denominations, such as Roman Catholic religious orders transferring priests and nuns to the U.S., Pentecostal church planters from Africa and Brazil, Mormon missionaries and workers, Korean Presbyterian ministers and Methodist ministers from India.

However, a wide variety of religions are eligible.

William Cocks, a spokesperson for the State Department's Bureau of Consular Affairs, said the vetting process for the program has become particularly thorough.

"National security is our top priority when adjudicating visa applications. Every prospective traveler to the U.S. undergoes extensive security screening. Applicants are continuously screened, both at the time of their visa application and afterwards, to ensure they remain eligible," he said. "We are constantly working to find mechanisms to improve our screening processes."

Others well-versed in the R visa program say it is no longer necessary – not because of security concerns but for the sheer fact that resources ought to be focused on those already in the U.S, not in bringing outsiders in.

"We need to take care of our needs here. We don't see the benefit in bringing over foreigners," said reserve sheriff and former Los Angeles Police Department Islamic chaplain Sheik Qazi Asad. He also said that when R-1 holders do come to the U.S., their employers do their own second-tier of vetting to ensure applicants have not spewed any radical rhetoric and discourage permanent stays. "We make sure they have return tickets," he said.

Rep. Steve King, R-Iowa, a staunch critic of the R-visa program, in 2015 introduced the Religious Worker Visa Reciprocity Act, which would narrowed the scope of the visa. But his proposal has failed to pass.

"The United States has the most generous immigration policy in the world. However, the generosity is being repaid with fraud and abuse," he stated at the time. "This is a sensible opportunity to narrow the R visa and make a stand for religious freedom. All U.S. religious workers should have the same access to a foreign country as that country's religious workers have to the U.S. This is a sensible solution that both limits waste, fraud and abuse by lowering the number of considered petitions and promoting religious freedom."

DHS and the White House did not respond to a request for comment.

But those in favor of the visa say it has cultivated and spread piety all across the country.

Rev. Ruben Duran, director for new congregations at the Evangelical Lutheran Church in America (ELCA) called the R-1 a “wonderful vehicle” to help bring foreign leaders to needed churches, and said that they take extreme care in selecting the appropriate candidates, with the majority of their R-1 holders coming from Asia, South America and India.

Patricia Zapor, communications director of the Catholic Legal Immigration Network (CLINIC), said the program is “very important” in enabling those in religious vocations to serve their communities.

“Without their efforts and presence many vulnerable adults, children, elderly would face additional daily struggles and societal problems – poverty, addiction, abuse,” she added. “It allows men and women in the U.S. to exercise their freedom of religion by having enough priests in the U.S. to meet the needs of the Catholic population.”
 
Thanks to Rudy, the intent of the order will always be out there...
Any court will shoot any attempt at a Muslim ban down...

Thanks Rudy!!

d3E5cjJZczliSVkx_o_rudy-giuliani-in-drag-smooching-donald-trump.jpg
 
Hahaha, cant be that the Presidential Order is possibly an overreach by President Rump... Only Obama overreached... "Im sure I understand the Constitution better than several federal judges who found differently", these highly educated Bush appointed Federal Judges must simply be hyper political.


#winning

How's it an overreach? Didn't your Messiah, Obummer come to the same conclusion in naming these countries with failed govts who can't vet properly.

Take off the partisan blinders for a few days.
 
Hahaha, cant be that the Presidential Order is possibly an overreach by President Rump... Only Obama overreached... "Im sure I understand the Constitution better than several federal judges who found differently", these highly educated Bush appointed Federal Judges must simply be hyper political.


#winning

It actually isnt.

Suppose Trump was not the president and this order was given by Pence. It would then be constitutional.

Anyway your a lawyer so you understand what kind of door has been opened when you let campaign promises become the intent for all the EO's somebody issues. If you dont understand it then I struggle to see how you passed the bar. This precedent will be used by lawyers on the right next time too.

Fyi these two judges are using the ruling of the ninth as precedent in their decisions.
 
Mott, concerting evolutionary biology, you are right.
To this day, a century and a half after Darwin, there are still people who still deny. Some even have science degrees from accredited universities - I have met some of them.

There is always going to be uncertainty in science, you are right about that. Science is probabilistic. Not definitive. That said, any time you can get Every. Single. Government. Of. Every. Single. Nation. On. The. Planet. to concur that climate change and global warming are a real threat due to the continued release of human GHGs, that is a level of certainty and consensus rarely ever reached in science.

That puts human induced climate change as one of the most tested, studied, and verified scientific phenomena in all of modern 20th century science

Yet Freeman Dyson, contemporary of Albert Einstein and Richard Feynman at Princeton chooses to differ with your 'considered analysis'. Nobody is calling climate change a hoax ffs, only fools like you do that to intentionally exaggerate and distort the true picture.

Please don't tell me about the bogus John Cook study proclaiming a 97% consensus or that the near 20 year pause verified in both the RSS and UAH satellite datasets has been wrong. NOAA has been engaged in a massive massaging of sea level records to remove the pause, there will be heads rolling over that.


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tom i dont know if you are using tapatalk or what but you are threadbanned so just remember to stay out of this thread k thx

But... But... I thought it was just the crazy 9th?
It would seem that there are crazy activist judge s all over, no doubt appointed by Obama.

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racist or religious?
I was in Abu Dhabi the other day and there were far more stringent checks being imposed on travellers to the US. Those countries without visa waivers have to be undergo a pre-check in the airport prior to flying.

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