General Discussion

OKNancy

(41,832 posts) Sat Jan 28, 2017, 09:29 AM Jan 2017

Trumps Immigration Ban Is Illegal

I found this by reading Jennifer Granholm's twitter

Link to tweet

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article here: https://mobile.nytimes.com/2017/01/27/opinion/trumps-immigration-ban-is-illegal.html

President Trump signed an executive order on Friday that purports to bar for at least 90 days almost all permanent immigration from seven majority-Muslim countries, including Syria and Iraq, and asserts the power to extend the ban indefinitely.

But the order is illegal. More than 50 years ago, Congress outlawed such discrimination against immigrants based on national origin.

That decision came after a long and shameful history in this country of barring immigrants based on where they came from. Starting in the late 19th century, laws excluded all Chinese, almost all Japanese, then all Asians in the so-called Asiatic Barred Zone. Finally, in 1924, Congress created a comprehensive “national-origins system,” skewing immigration quotas to benefit Western Europeans and to exclude most Eastern Europeans, almost all Asians, and Africans.

Mr. Trump appears to want to reinstate a new type of Asiatic Barred Zone by executive order, but there is just one problem: The Immigration and Nationality Act of 1965 banned all discrimination against immigrants on the basis of national origin, replacing the old prejudicial system and giving each country an equal shot at the quotas. In signing the new law, President Lyndon B. Johnson said that “the harsh injustice” of the national-origins quota system had been “abolished.”

9 replies

= new reply since forum marked as read

Highlight:

Trumps Immigration Ban Is Illegal (Original Post) OKNancy Jan 2017 OP

K&R... spanone Jan 2017 #1

doing some research here... is this the act? OKNancy Jan 2017 #2

More about this act.... OKNancy Jan 2017 #3

Next step is to find someone with standing who will challenge in court, no? Girard442 Jan 2017 #4

Thanks for this info Nancy. sheshe2 Jan 2017 #5

It depends. Buckeye_Democrat Jan 2017 #6

K&R bdamomma Jan 2017 #7

sadly, trump is not swayed by law. spanone Jan 2017 #8

he cant do that. keep saying that. mopinko Jan 2017 #9

spanone

(135,841 posts)

1. K&R...

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 09:30 AM

Jan 2017

OKNancy

(41,832 posts)

2. doing some research here... is this the act?

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 09:34 AM

Jan 2017

https://en.wikipedia.org/wiki/Immigration_and_Nationality_Act_of_1965

Immigration and Nationality Act of 1965

" The Hart–Celler Act abolished the quota system based on national origins that had been American immigration policy "

OKNancy

(41,832 posts)

3. More about this act....

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 09:42 AM

Jan 2017

One of the main components aimed to abolish the national-origins quota. This meant that it eliminated national origin, race, and ancestry as basis for immigration.

It created a seven-category preference system, which gave priority to relatives of U.S. citizens and legal permanent residents and to professionals and other individuals with specialized skills.

Immediate relatives and "special immigrants" were not subject to numerical restrictions. Some of the "special immigrants" include ministers, former employees of the U.S. government, foreign medical graduates, among others.

For the first time, immigration from the Western Hemisphere was limited.
It added a labor certification requirement, which dictated that the Secretary of Labor needed to certify labor shortages.

Refugees were given the seventh and last category preference with the possibility of adjusting their status. However, refugees could enter the United States through other means as well like those seeking temporary asylum.

Girard442

(6,075 posts)

4. Next step is to find someone with standing who will challenge in court, no?

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 10:11 AM

Jan 2017

sheshe2

(83,778 posts)

5. Thanks for this info Nancy.

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 10:36 AM

Jan 2017

Buckeye_Democrat

(14,854 posts)

6. It depends.

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 10:50 AM

Jan 2017

How was the executive order worded?

And if Elected: What President Trump Could or Couldn’t Do
https://www.nytimes.com/2016/06/04/opinion/campaign-stops/and-if-elected-what-president-trump-could-or-couldnt-do.html?_r=1

And he could bar Muslims from entering the country under existing law, which authorizes him to bar classes of aliens whose entry he determines “would be detrimental to the interests of the United States.” It wouldn’t be the first time: President Ronald Reagan cited this law, as well as his inherent constitutional powers, to block a flood of Haitian migrants from pouring into United States territory in 1981.

He can also apply tariffs on other countries, increase deportations, etc. without any Congressional approval needed at all.

bdamomma

(63,868 posts)

7. K&R

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 10:54 AM

Jan 2017

someone needs to haul tRump and his cabal away.

spanone

(135,841 posts)

8. sadly, trump is not swayed by law.

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 10:56 AM

Jan 2017

mopinko

(70,112 posts)

9. he cant do that. keep saying that.

Reply to OKNancy (Original post)

Sat Jan 28, 2017, 11:54 AM

Jan 2017

he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that, he cant do that.

he just thinks he can. i find it kinda stunning that the party that tied obama in knots has forgotten the limits of the office.

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