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13 states join brief in support of Trumpís temporary travel ban
Hotair ^ | 03/27/2017 | John Sexton

Posted on 03/27/2017 9:20:52 PM PDT by SeekAndFind

Representatives from 13 states including 12 state attorneys general and one governor filed a motion in support of President Trump’s temporary travel ban. From the Dallas Morning News:

Attorney General Ken Paxton on Monday led a coalition of 13 states in filing a brief with the 4th U.S. Circuit Court of Appeals defending President Donald Trump’s revised immigration order.

In the brief, Paxton and representatives from 12 other states argue that the Trump administration’s new order is legal and falls under the president’s power over foreign affairs and national security.

Those joining the brief included Paxton plus AG’s in the states of Alabama, Arizona, Arkansas, Florida, Kansas, Louisiana, Montana, Oklahoma, South Carolina, South Dakota, and West Virginia. Governor Phil Bryant of Mississippi also joined.

The brief makes several arguments starting with President Trump’s authority to make decisions about immigration, especially with regard to national security. The brief also argues previous courts have erred in suggesting that non-resident aliens have rights under the U.S. Constitution. From the brief:

Plaintiffs’ constitutional challenges rest on the flawed premise that the United States Constitution confers on nonresident foreign citizens, located abroad, rights regarding admission into this country. But it is “clear” that “an unadmitted and nonresident alien” “ha[s] no constitutional right of entry to this country as a nonimmigrant or otherwise.” Mandel, 408 U.S. at 762. The “power to admit or exclude aliens is a sovereign prerogative,” and aliens seeking admission to the United States request a “privilege.” Landon v. Plasencia, 459 U.S. 21, 32 (1982).

Finally, the brief argues that even if nonresident aliens were granted constitutional rights, Trump’s executive order is not unconstitutional because it doesn’t make any reference to religion:

The Executive Order classifies aliens by nationality—not religion. The Executive Order’s temporary pause in entry by nationals from six countries and in the refugee program neither mentions any religion nor depends on whether affected aliens are Muslim. See EO §§ 2, 3, 6. These provisions distinguish among aliens only by nationality. Id. Thus, the Executive Order is emphatically not a “Muslim ban.” Indeed, numerous Muslim-majority countries in the world were not covered by the seven-country list used in the prior Executive Order,6 and the Pew Research Center estimates that this list from the prior Executive Order “would affect only about 12% of the world’s Muslims.”

Judges in Hawaii and Maryland have blocked implementation of the temporary travel ban while its merits are being challenged in court. Last week the Trump administration got a boost when a judge in Virginia ruled the revised travel ban was lawful. Judge Anthony Trenga wrote, “it is no longer likely that plaintiffs can succeed on their claim that the predominate purpose of EO-2 is to discriminate against Muslims based on their religion.”


TOPICS: Breaking News; Culture/Society; Front Page News; Government; US: Alabama; US: Arizona; US: Arkansas; US: Florida; US: Kansas; US: Louisiana; US: Mississippi; US: Montana; US: Oklahoma; US: South Carolina; US: South Dakota; US: Texas; US: West Virginia
KEYWORDS: alabama; aliens; arizona; arkansas; attorneysgeneral; bloggers; bordersecurity; brief; counterterrorism; first100days; florida; illegals; iran; kansas; lawsuit; louisiana; mississippi; montana; ms; oklahoma; redstates; refugees; sc; sd; southcarolina; southdakota; states; syria; texas; travelban; trump; trump6countryban; westvirginia; wv
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1 posted on 03/27/2017 9:20:53 PM PDT by SeekAndFind
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To: SeekAndFind

courts have erred in suggesting that non-resident aliens have rights under the U.S. Constitution.


2 posted on 03/27/2017 9:27:58 PM PDT by MarvinStinson
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To: SeekAndFind

Plaintiffs’ constitutional challenges rest on the flawed premise that the United States Constitution confers on nonresident foreign citizens, located abroad, rights regarding admission into this country. But it is “clear” that “an unadmitted and nonresident alien” “ha[s] no constitutional right of entry to this country as a nonimmigrant or otherwise.” Mandel, 408 U.S. at 762. The “power to admit or exclude aliens is a sovereign prerogative,” and aliens seeking admission to the United States request a “privilege.” Landon v. Plasencia, 459 U.S. 21, 32 (1982).


3 posted on 03/27/2017 9:28:45 PM PDT by MarvinStinson
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To: SeekAndFind

Alabama,
Arizona,
Arkansas,
Florida,
Kansas,
Louisiana,
Mississippi,
Montana,
Oklahoma,
South Carolina,
South Dakota,
Texas,
West Virginia


4 posted on 03/27/2017 9:34:40 PM PDT by Repeal The 17th (I was conceived in liberty, how about you?)
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To: SeekAndFind

Good! Thanks for posting.


5 posted on 03/27/2017 9:40:07 PM PDT by Rusty0604
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To: MarvinStinson

Thanks for posting that—very important reference!


6 posted on 03/27/2017 9:45:58 PM PDT by Fedora
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To: SeekAndFind

GREAT News!

MAGA!


7 posted on 03/27/2017 10:16:58 PM PDT by ShivaFan
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To: MarvinStinson
"courts have erred in suggesting that non-resident aliens have rights under the U.S. Constitution."

Imagine that! Foreigners in foreign countries do not have a 2nd Amendment right to keep and bear arms.

8 posted on 03/27/2017 10:27:51 PM PDT by rxsid (HOW CAN A NATURAL BORN CITIZEN'S STATUS BE "GOVERNED" BY GREAT BRITAIN? - Leo Donofrio (2009))
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To: SeekAndFind

Yahoo, states. You must join the battle for the life of USA.


9 posted on 03/27/2017 10:56:43 PM PDT by veracious (UN = OIC = Islam ; Democrats may change USAgov completely, just amend USConstitution)
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To: SeekAndFind

About effing time somebody stood up for what Trump is trying to do.


10 posted on 03/27/2017 11:28:41 PM PDT by Hyman Roth
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To: SeekAndFind

Maybe America should secede from these judges... Judgexit it is


11 posted on 03/28/2017 12:13:51 AM PDT by JudgemAll (Democrats Fed. job-security Whorocracy & hate:hypocrites must be gay like us or be tested/crucified)
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To: All; SeekAndFind

<>Trump’s executive order is not unconstitutional because it doesn’t make any reference to religion.<>

Someone please explain to me why a ban on the entry of muslims would be unconstitutional.


12 posted on 03/28/2017 1:59:59 AM PDT by Jacquerie (ArticleVBlog.com)
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To: SeekAndFind
13?

Seriously is that ALL.

There has to be more out there that will sign this and support this "ban" on the invasion of our homeland by the Islamic goathumpers sworn to destroy our way of life.

Has to be more to support our Freedom and way of life. If not, Ken Paxton next draft needs to be papers calling for #TEXIT, a sovereign Republic of Texas again.

13 posted on 03/28/2017 2:28:16 AM PDT by eartick (Been to the line in the sand and liked it, but ready to go again)
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To: Repeal The 17th

Encouraging news.


14 posted on 03/28/2017 3:15:53 AM PDT by fivecatsandadog (WE WON. GET OVER IT.)
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To: Repeal The 17th

Tennessee??? Hello?


15 posted on 03/28/2017 3:26:03 AM PDT by who knows what evil? (Yehovah saved more animals than people on the ark...www.siameserescue.com)
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To: SeekAndFind

Nice.


16 posted on 03/28/2017 3:41:54 AM PDT by SoFloFreeper
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To: who knows what evil?

I think Haslam waits to see which way the wind blows before deciding to join the most popular side. Sad.


17 posted on 03/28/2017 3:50:28 AM PDT by Tennessee Conservative
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To: Repeal The 17th

I see Big Boy (Trump’s pal) is not listed. Not surprising as he is such a POS. NJ has had another lowering of it’s credit rating - 13 so far I think!


18 posted on 03/28/2017 4:02:59 AM PDT by New Jersey Realist (The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke)
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To: Tennessee Conservative

What else is new?


19 posted on 03/28/2017 4:21:56 AM PDT by who knows what evil? (Yehovah saved more animals than people on the ark...www.siameserescue.com)
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To: MarvinStinson

Only 13. Where are all the other GOP controlled states? Bought and paid for by Cheap Labor Express Chamber of Commerce.


20 posted on 03/28/2017 4:57:07 AM PDT by GOPe Means Bend Over Spell Run (GO GALT - VOTE TRUMP!!!)
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