Department of Homeland Security suspends Muslim ban following judge order

independent.co.uk/news/world/americas/donald-trump-muslim-travel-ban-seattle-judge-dhs-suspend-order-muslims-seven-countries-revoked-visas-a7562991.html

WTF HOW CAN THIS HAPPEN?

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so uhhhh

what does an executive order even do anymore if its not an executive order?

Its a system if checks and balances by the usa. Its so no one of the branches of power cane be ultimately powerful. Obama also had EOs repealed by this judge and others. Id be surprised if americans dobt know about checks and balances. Learned it in the 10th grade while studying international studies.

I always figured an executive order was one that couldn't be disobeyed, like an "emergency" kind of thing. Why else is it called an executive order?

They should call it a "Presidential Request" if its not an executive order!

I konw what checks and balances are pedro, but a lower level federal judge can just say its unconstitutional and its revoked?

>Obama also had EOs repealed by this judge and others

difference is, Obama's EOs were reviewed almost a year later after he got what he wanted.

I'm glad Homeland Security stepped in. It's obvious Trump doesn't have a fucking clue

>leaf

GO HOME NAZI

(((muslim ban)))
It baffles me why the media still goes on with this bullshit when the word muslim doesn't appear in the EO a single time. fucking mental gymnastics

Only Americans are allowed to post in American threads. >>/out/

>hurrrrr ur a NAZI
It's comical how the left continuously reduces the original sting of a word by misusing it so willfully to fit their rhetoric.

Its not revoked yet. Its put in a process where it will be reviewed. If it is agreed and ruled unconstitutional it will be revoked. Thats why the ban is only at a halt. Trump can still appeal if his EO is thrown out after review.

In this thread: Amerifats that don't understand their own justice system

A fucking leaf

why do sad faces and huge tits turn me on so much?

Hey guys I found this weird law, can anyone tell me what this means? I think it is unclear

U.S. Code, Title 8, Chapter 12, Subchapter II, Part II § 1182

(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he 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 nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

>leaf

Because Trump applied the travel ban in a stupid way that left room for many legitimate legal challenges to it.

What did you expect?

My god Sup Forums has gone full retard since the election. You guys are completely baffled by the opposition to Trump's EOs. Like I don't give a shit what your opinion on the EOs are, you should be able to look at the ones being challenged and understand the argument being made against it.

The fact that so many people on Sup Forums are unable to do this is worrying.

No in other words, that judge is being a twat?

Trump L I T E R A L L Y called it a Muslim ban

talk about mental gymnastics

Lol we're now in a world where "Judges" can revoke whatever they feel like based on their "feelings" and not law. There is no hope for this country. Trump will only delay the inevitable, after 8 years some new guy will come in and allow immigrants to flow freely. Whites will die or be assimilated into the hordes of unintelligent brown people and insane liberals.

Did you sleep through civics? Do you not understand how your own judiciary works?

The order can be appealed to the next level of court and ultimately to the SCOTUS

that judge is from the 9th circuit federal district

they are notorious because they lose supreme court cases ~80% of the time

>so yes..

"Activist" judges are a huge problem

As soon as it's reviewed by a superior court the stay will be overturned.
The immigration moratorium is still valid and will be enforced.
How can you apply constitutional rights to those that are not in the country? 14th amendment bruh

That's interesting

Has it ever been interpreted by the court? Is there any binding jurisprudence? Can you name any cases?

Or are you just LARPing like you understand how the judiciary works?

(((literally))) in response to the press saying it was

Also this Judge openly stated "Black Lives Matter" in a ruling against Seattle PD... let that spin the ol dradle

There are protections built in specifically for christians. It's a muslim ban.

Your mental gymnastics are pathetic. This is why we have a judiciary in the first place.

We've used that law numerous times in the past to halt immigration. He was being sarcastic.

"Members of persecuted religions"
You fucking faggot

There's nothing illegal about restricting Muslims on the basis of their religion.

Because Christians are a targeted minority by the surrounding savages

It bans everyone from those countries with christians getting a leg up. It isnt targetting specifically Muslims.
Read the actual order.

TL;DR the federal judge basically called it unconstitutional and temporary HALTED it. So it will go higher up and probably be suspended all together because every power position is infected with cuckservatives and liberals.

This is why we have a judiciary in the first place. The intent and effect of the law is more important than the letter.

Judges call out laws where the intent is clearly unconstitutional.

And then you've got retards like this running around

Was t gonna work with him taking Are śhît skins really dont you think he just need to make the requirement impossible for them to get in !

Federal judges don't have the power to rule something Constitutional or Unconstitutional: the Supreme Court does.

The halt will be overturned next week.

>why we have
Leaf... Just stop.
You're not an American.
We have separation of powers as a system of checks and balances. Not for politically motivated goals.
It doesn't matter if Trump calls it a sand nigger ban, a Muslim ban, a terrorist ban.
It's a lawful executive order that was checked before passing it through.
The lower courts are using their platforms to virtue signal.
All of this is ultimately useless.
The EO will be upheld. It is, in fact, lawful.

What happens after the determined time?? I think its only 6 months?

That's what I mean, HE the judge as the cuck he is said that it's "unconstitutional", hence the temporary halt.
The actual ruling will be done later, but again.. power positions are infected with retards. So I'm not so sure that they(the supreme court) will side with Trump on this.

Get that weak shit out of here.

>Trump spends entire campaign talking about muslim ban
>Trump literally tasked Giuliani with finding a legal way to enact a muslim ban
>The ban enacted stops travelers from muslim majority countries
>At the same time allowing exceptions for "religious minorities" which in practice, looking at what religions are in the majority and minority in the banned countries, blocks muslims and makes exceptions for non-muslims

Of all the arguments for why the travel ban is lawful, this whole "Oh it's technically not a muslim ban if you just read the text and ignore the context behind the ban and the way it plays out practically" thing is extremely weak.

Come on, you're better than that.

>It's a lawful executive order that was checked before passing it through.
and it failed to pass the judicial check

Do you throw a fit when you dont get your way?

No clue.
We'll have to wait and see.
We're only getting the top level stuff available to the public.
As time passes over the next few years, we'll be able to piece everything together.
It's 120 days for most of the countries, indefinite for Syria I think.
Trump could add more countries, or stop the travel ban all together and implement the new vetting policies.

We just won't know until this stuff happens.

man if a shooting or bombing happens in america due a terrorist slipping through security, it'll be a great self-fulfilling prophecy.

You're arguing with a bigot who's too much of a pussy to admit what he is. He's also dumb enough to think that people's perception will change as long as he continues to deny what's clear for most to see.

legislative branch = create laws
executive branch = execute law
judicial branch = interpret law as to what it means and has been executed
If judiciary finds law violates US Constitution, law is no longer in effect. Finding a law unconstitutional requires court to look at entire Constitution and there are conflicting interpretation of many parts of the Constitution mean and which parts take priority over other parts.

Problem, there's no way for Judiciary to enforce their ruling. If ruling is ignored, then our form of government collapses. The check by Judiciary over Legislative and Executive Branches ends.

You mean the one judge's check after the libs went judge shopping.

>failed the judicial check
>the lower courts are the entirety of the US judicial branch
Seriously leaf... Just stop.
A state federal judge ordered a halt before the weekend so that diaper domes could resume entering the US.
The hold is only in place over the weekend.
This issue will go all the way up to the supreme court.
Which is currently missing a justice.

Stop shit posting about legal issues you know nothing about. Stay in school kid.

>STAAAAHP
>ITS JUST A COINCIDENCE THAT MUSLIMS ARE GETTING BANNED
>MENTAL GYMNASTIIIIIICS

What's incredible is that orders like this can be judge-shopped until you find a crazy fuck who agrees with you. Which is exactly what they did.

it in the process of being checked
the order will be appealed

Why are you acting like such a retard?

8.5% of Muslims, such a ban.

>WTF HOW CAN THIS HAPPEN?
This is what Democracy looks like...
BAHAHAHAHAHAHAHAHA!

get out of here muhammad

At the same time, the travel ban goes against a number of laws.

There's the anti-discrimination statute, that outlaws discrimination in issuing visas on the basis of nationality, place of birth, or place of residence.

There's due process and equal protection. Due process means that people get procedural safeguards before the government takes away their liberty. Equal protection means the government must treat people equally, and can’t discriminate on the basis of race, alien status, nationality and other irrelevant factors. Equal protection is granted to anyone on US soil regardless of citizenship status. The rushed way the ban was implemented gives room for a bunch of due process arguments. There's also the argument that it violates equal protection by discriminating against muslims, since in practice (and in the context of Trump's campaign talk about a muslim ban) the ban does stop muslims while permitting nonmuslims from the same country.

This also ties into the fact that the establishment clause prevents the government from favoring one religion over another. While due process and equal protection only apply to people on US soil, if a court finds the ban violates the establishment clause it'll be struck down entirely.

Also I haven't seen anyone in the thread discuss the actual halt put on the travel ban. You can read the judge's restraining order here.

cnn.com/2017/02/03/politics/federal-judge-temporarily-halts-trump-travel-ban-nationwide-ag-says/

>the order will be appealed
I know you actually believe that.
It's okay leaf. I forgive you for being this assblastedly ignorant.

>I'm glad Homeland Security stepped in. It's obvious Trump doesn't have a fucking clue
Thank you Jesus.

They might be able to save him from all those rogue CIA agents he pissed off and fired....

might.

It's not the decree of a king, that's for sure.

I'm glad Trump got stumped on this. He needs to be reminded he's president and not le ebin meme god emperor.

But why is a judge outside of a constitutional court ruling on constitutional matters and can halt executive orders? By this logic, if a foreign power launched a nuclear strike at the United States all they would have to do is pay off one of NINETY or so judges to rule that it is unconstitutional for the president to order a retaliatory attack. What kind of checks and balances system allows literal who to temporarily veto the head of state?

>Throws Japanese into prison camps.

DHS said it was lawful, despite what the bought Judge said.
It is an EXECUTIVE ORDER.
A pissant bought judge has no authority over an EO.
Trump won on 8Nov16 and hasn't stopped since.

Get.
Over.
It.

That activist judge will be overturned on appeal. His legal arguments are weak and a transparent ploy to create a gap in which a bunch of people can come in. The state lacks standing, he falsely invokes the establishment clause, and completely ignores the valid national security interest. He knows it'll be overturned, he just doesn't care.

Religious persecution is literally one of the criteria for a refugee application, and it is absolutely a reason to accept or deny someone refugee status.

The fact that you seem to think that you can't ban people from a country shows how little you understand here.

The court order will be appealed, not the executive order

You cannot appeal an executive order, you can only challenge it. why would think that was what I meant?

Am I actually talking to a retard

wrong
- plaintiffs followed hierarchy of US court system in their area which is always done.

Judge shopping = fake fact

undermining our democracy with fake facts, thanks conservatives

I wonder how this will play out

do we think Trump can remove these types of judges?

>checks and balances
>judges hold a lifetime term
>can throw out presidential decrees at a whim
>not needing a nerf

>
There's the anti-discrimination statute, that outlaws discrimination in issuing visas on the basis of nationality, place of birth, or place of residence.


If you can't discriminate against people who could pose a threat then whats the point of the law in the leaf's post?

civil rights was a mistakes

Actually, for now you'll have to get over it, because the EO is not currently enforced. How about that. Mongoloid.

How many times has this executive order been "suspended" or stuck down?

This is getting old

ZZZzzZZzzz

>waah, why can't my guy have unchecked power

Shit, I need to buy stock in Reynolds if the left is going to start wearing the tin foil.

If anyone has unchecked power it's the judges, no one can say no to a judge not even a trans black ftm Vietnam vet

>valid national security interest
>no attacks had been carried out on U.S. soil by individuals from the seven countries affected by the travel ban
Good luck arguing that in court.

>A

Obama literally used this law to ban people from the exact same countries Trump did.

The executive order might as well have been written and signed by Obama for all the difference there is. This isn't an issue with Trump overstepping, it's an issue with Democrats sperging out over literally nothing. It's not even a permanent ban, it's temporary.

But I enjoy seeing these morons waste all of their political capital on really stupid bullshit like this.

While true, this was a cheap move by a state judge.
The system of checks and balances will work everything out, I'm not worried about any of that.

What I'm interested in is the people being let in over the weekend as a result of this state judges action.
I'm literally going to die laughing in one of them commits an act of terror in the US.

What? Trump doesn't have ultimate power like a dictatorship?

This isn't what I voted for

But he has checked power. The are the two houses of parliament and the Supreme Court specifically for that purpose. It is more than a little odd that any one of the federal judges can suspend an EO until he is overruled by a higher court. One would assume such matters would be brought in front of the SC from the get go. I know my country has lost quite a bit in terms of popularity lately, but we have a special court that specifically deals with these matters. It's just common sense.

>the united states is the only precedent for terrorists attacks in the world
cry harder you cuck

>hurr durr

The President has the Constitutional and statutory authority to ban any class of aliens. Cry more, libcuck.

>deny what's clear for most to see

>Obama literally used this law to ban people from the exact same countries Trump did.
Cool alternative facts, bro. Post proof.

>no one can say no to a judge
yeah its not like there's an entire system for appeals

Did you sleep through civics class?

>like an "emergency" kind of thing
>Trump signed a fuckton the moment he got in office

That shoulda tipped you off that it's not that special.

An Executive Order is just the President going "HEY, DO THIS THING ASAP" without any real hurdles to get through initially.

Every department involved has to do the thing right away.
But from there, either the house or the judicial system can step in after the fact and go "Hey, no, don't do that thing"

Like the others say, it's a system of checks and balances.
Which is to say it's the three main branches trying to keep the others from running wild.

>defending the islamic religion

You're the only fags crying right now. Spooky terrorists might be in your neighborhood now, right?

Yes you dumb shit. Why do you think so many court cases use prior rulings for their own case.

not an argument/10

no you fucking retard i'm just a racist liberal

For all the praise right wingers give the Constitution, it really is weak on outlining the role of courts. Our Supreme Court actually gave itself the power to review laws, so there is a long history judges just grabbing power.

It'll get worked out, one way or another, that's the only certainty.

Wondering though: Will you also laugh if when the ban is reinstated, a Saudi Arabian legally enters the US and commits a terror attack?

The only reason you hate Islam is because the truth contained within Islam scares you, knowing that the civilization you worship is a false one destined to die when it comes into conflict with those who follow the true path

The judge who ruled this order is very likely a pedophile.

voat.co/v/pizzagate/1618520

>flag
You must be some kinda stupid.

See, we've been winning a lot lately, so that means that (you) have been on the other side of that (the losers).
I know that you may not member dem fee fees, but the winning feeling cannot be mistaken.
And the MAGA movement, sir, is indeed winning, no matter what this lowly judge (or a weak minded cunt from Norway, or Antifa, or the MSM, etc) says or does. NO MATTER WHAT (((THEY))) DO.

And so the winning will continue, with or without your fuckwit approval.

Remember how Trump put up an EO saying "For every new regulation, 2 regulations must be removed"?

Part of that is cause of this kind of stuff where there's a lot of regulations and laws that contradict each other.

Of course, the house can just say "fuck that order" if they so chose same way the judicial system can.

If EO were ironclad, then Gitmo would be gonzo.

>flooding the country with poor 5th century barbarians is good for the country

No thanks, we're full. We need to take care of our own people first. Underemployment is too high, wages are stagnant, housing costs are rising, etc. These are all issues Democrats have run on for years. I'm not sure how increasing the number of poor people helps the cause, except to add more voters to the Democratic rolls.

>trump gets stumped by a judge in xeatle

LOL