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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis Presidential Memorandum Is Ominous. Everyone Missed It Today Including Me
http://www.dailykos.com/story/2017/3/6/1640946/-This-Presidential-Memorandum-Is-Ominous-Everyone-Missed-It-Today-Including-MeThis Presidential Memorandum Is Ominous. Everyone Missed It Today Including Me
By kavips
Tuesday Mar 07, 2017 · 2:35 AM EST
While all eyes were focused on the Muslim Ban 2 coming out today, hidden from all the hoopla was this item buried in a Memorandum to several heads of departments...
Sec. 3. Enforcement of All Laws for Entry into the United States. I direct the Secretary of State, the Attorney General, the Secretary of Homeland Security, and the heads of all other relevant executive departments and agencies (as identified by the Secretary of Homeland Security) to rigorously enforce all existing grounds of inadmissibility and to ensure subsequent compliance with related laws after admission. The heads of all relevant executive departments and agencies shall issue new rules, regulations, or guidance (collectively, rules), as appropriate, to enforce laws relating to such grounds of inadmissibility and subsequent compliance. To the extent that the Secretary of Homeland Security issues such new rules, the heads of all other relevant executive departments and agencies shall, as necessary and appropriate, issue new rules that conform to them. Such new rules shall supersede any previous rules to the extent of any conflict.
Here is what is problematic with this. Sure, current laws can be rigorously enforced. But that is just campaign talk, Current laws are always enforced to the same standard extent to which they are written by those working day in and day out. Although we may like not to have tough laws enforced, we understand that IF they are in place, the legal system recognizes their right to be used (as long as such is Constitutional).
But focus on this part of the above quote:
"The heads of all relevant executive departments and agencies shall issue new rules, regulations, or guidance (collectively, rules), as appropriate, to enforce laws relating to such grounds of inadmissibility and subsequent compliance. To the extent that the Secretary of Homeland Security issues such new rules, the heads of all other relevant executive departments and agencies shall, as necessary and appropriate, issue new rules that conform to them. Such new rules shall supersede any previous rules to the extent of any conflict."
Let's walk through this... New rules will be issued by the heads of the departments. They can be capricious, random, or prejudicial. They can be made up on the spot; there is no way to know. For example based on some stories already told, you can be forced to present your phone with password. .. or... you will be body cavity searched, ... or... you can be held indefinitely without further notice.
As with any law change or new power grab, in the hands of good people they can be tolerated if they are only used on known criminals. But in the hands of bad, they can destroy a nation through their random use..
Essentially this single clause should be considered an enabling act, one wide open which as with that of Hitler, simply says that all rules will now be made solely by X and must be carried out exactly as X says.
Incidentally this posted memorandum is not confined to 6 nations. It will apply to all. We are making our borders impenetrable for those we don't want. (JK Rowling, look out!) it was announced here, in full view, exactly when and where no one would ever be caught looking.
This section of writing, will in the future be seen as the big news of March 6. The day to which all will look back and wonder how things took a turn so quickly for the worst. It actually legalizes the process of the way the first ban was rolled out, allowing now for all future rules regarding entrance to the US, to be implemented without warning. In truth, a lot of the effect of this will depend on Kelly himself. Will he resist some of our nations darkest intentions? Or will he succumb to Bannon's and Miller's malevolent whims?... Depending on that outcome, depends on the benightedness or hostility engendered by these new policies that were NOT posted in the Muslim Ban 2 order but in a little memorandum with a boring title, right above it....
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This Presidential Memorandum Is Ominous. Everyone Missed It Today Including Me (Original Post)
babylonsister
Mar 2017
OP
Department heads can't issue rules. Agency rulemaking involves a process
The Velveteen Ocelot
Mar 2017
#1
ICE is basically a law unto themselves. They are empowered to deny entry or detain on any whim. . nt
Bernardo de La Paz
Mar 2017
#8
The Velveteen Ocelot
(115,761 posts)1. Department heads can't issue rules. Agency rulemaking involves a process
required by the Administrative Procedures Act, generally including public notice and an opportunity to comment. Considering that it's the Trump administration, though, I'm sure they will do their best to bypass this law.
Response to The Velveteen Ocelot (Reply #1)
Pacifist Patriot This message was self-deleted by its author.
babylonsister
(171,075 posts)5. He's streamlining, doncha know.
People and existing rules, apparently.
dhill926
(16,349 posts)2. K & Rfor visibility...
fascism on the march....
Delphinus
(11,835 posts)4. Oh ...
I am not liking this at all ... yes, scared.
Turbineguy
(37,355 posts)6. This is just BS for the base.
It sounds good to them and makes them feel good. Anything to keep them from becoming disaffected. Trump thinks this is a fucking reality show. And he needs to be seen as "decisive" and "in charge".
babylonsister
(171,075 posts)7. Do you honestly think the base reads the fine print? I don't. nt
Bernardo de La Paz
(49,013 posts)8. ICE is basically a law unto themselves. They are empowered to deny entry or detain on any whim. . nt
notdarkyet
(2,226 posts)9. Time to fumigate the White House and get rid of all the vermin.
littlemissmartypants
(22,703 posts)10. I'm thinking
Carpet bomb.
WheelWalker
(8,955 posts)11. You've nailed it. That's where the rubber meets the road.
sagetea
(1,369 posts)12. Holy Fucking shit!
How much more?