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Judge Nap: Trump's Deportation Vow Is Prohibited By Constitution
Fox News Insider ^ | August 17, 2015

Posted on 08/17/2015 1:46:45 PM PDT by BradtotheBone

Donald Trump laid out some details of his immigration plan in an interview on NBC's "Meet the Press" this weekend.

Trump, who has been criticized in recent weeks for failing to give particulars on his immigration promises, said he will rescind President Obama's executive orders and end birthright citizenship.

As part of it, Trump said he wants to rescind President Obama's executive orders on immigration; deport many of those in the U.S. illegally while providing an expedited return process for "the good ones;" and do away with automatic citizenship for children of illegal immigrants born on U.S. soil.

The Trump campaign said the policy, known as birthright citizenship, is the "biggest magnet" for illegal immigration.

"They have to go," Trump said on NBC's "Meet the Press," of families living in the U.S. illegally and having a child, adding: "What they're doing, they're having a baby. And then all of a sudden, nobody knows ... the baby's here."

Judge Andrew Napolitano explained this morning on "America's Newsroom" what Trump can and cannot do on immigration. He said that Trump's promise to deport children born in America to illegal immigrant mothers is "prohibited by the Constitution."

"The Constitution says very clearly, whoever is born here - no matter the intent of the parent - is a natural-born citizen. He could not change that. Even if he were to change the Constitution, it would not affect people who had already been born here. It would only affect people not yet born here," said Napolitano.

He added that any president can rescind an executive order of a predecessor. But the judge pointed out that every undocumented immigrant that Trump intends to deport would be entitled to a hearing and an appeal.

(Excerpt) Read more at insider.foxnews.com ...


TOPICS: Extended News; Government
KEYWORDS: judgenap; trump2016; trumpdeportation; trumpimmigration; trumppolicypaper; trumppositionpaper
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To: BradtotheBone

Well duh, end the 14th Amendment and end birthright citizenship moving forward. Those before the change are still citizens.


21 posted on 08/17/2015 1:54:44 PM PDT by jonrick46 (The Left has a mental disorder: A totalitarian mindset..)
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To: BradtotheBone
Anyone within the US and 'subject to the jurisdiction thereof', which illegals by definition are not, are to become a citizen upon birth.

We are at the point now where if the left no longer honors the Constitution then for conservatives to continue to honor it is sure national suicide.

I would much prefer the GOP defend the founding principles but sadly it is not inclined to do so.

22 posted on 08/17/2015 1:54:51 PM PDT by skeeter
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To: BradtotheBone

So this judge has an opinion...so what? Many judges are LIB asshats.


23 posted on 08/17/2015 1:55:02 PM PDT by hal ogen (First Amendment or Reeducation Camp?)
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To: BradtotheBone

That wasn’t the 14th Amendment intent or is it the law to keep them here.


24 posted on 08/17/2015 1:55:12 PM PDT by Red Steel (Ted Cruz: 'I'm a Big Fan of Donald Trump')
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To: mkjessup

Exactly what Trump has in mind.

And women that are kept out of the US or who are deported can’t have a baby on US soil... problem solved.

Only Trump can build the wall.


25 posted on 08/17/2015 1:55:27 PM PDT by Bobalu (If we live to see 2017 we will be kissing the ground)
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To: BradtotheBone

Since when does the Constitution count for anything? Obunghole has spent the last 6 years wiping his, er, bunghole with it..


26 posted on 08/17/2015 1:56:16 PM PDT by cardinal4 (Certified Islamophobe and Microaggressor..)
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To: BradtotheBone

the Constitution does not define “natural born citizen” and U.S. code sucks in its definition


27 posted on 08/17/2015 1:56:22 PM PDT by stylin19a (obama = Fredo Smart)
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To: BradtotheBone

Okay “judge”, if he can’t do it, what can he do to accomplish these goals? Constructive suggestions more helpful than naysaying.


28 posted on 08/17/2015 1:56:34 PM PDT by Reno89519 (American Lives Matter! US Citizen, Veteran, Conservative, Republican. I vote. Trump 2016.)
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To: notaliberal

> So an illegal can confer American citizen on another illegal?

+1 bonus points...: )


29 posted on 08/17/2015 1:56:41 PM PDT by jsanders2001
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To: Zhang Fei
Exactly.

The concept of jus soli is absurd on its face-which is why most Americans oppose it when it's explained to them, and why most of the planet rejects it.

Even though it contributes only a slight percentage to the number of immigrants in this country, it has horrible cascading policy effects that open borders advocates refuse to acknowledge.

30 posted on 08/17/2015 1:57:13 PM PDT by OddLane
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To: BradtotheBone

So?

Obama’s “importation” ExO’s are unconstitutional and it didn’t stop him.....


31 posted on 08/17/2015 1:57:24 PM PDT by G Larry (Obama is replicating the instruments of the fall of Rome)
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To: Lib-Lickers 2
"Anchor baby" is a pejorative term for a child born in the United States to a foreign national mother who was not lawfully admitted for permanent residence.[1] There is a popular misconception that the child's U.S. citizenship status (acquired by jus soli) legally helps the child's parents and siblings to quickly reclassify their visa status (or lack thereof) and to place them on a fast pathway to acquire lawful permanent residence and eventually United States citizenship.[2][3] This is a myth.[4] Current U.S. federal law prevents anyone under the age of 21 from being able to petition for their non-citizen parent to be lawfully admitted into the United States for permanent residence. So at best, the child's family would need to wait for 21 years before being able to use their child's US citizenship to modify their immigration status.[5]

The term is generally used as a derogatory reference to the supposed role of the child, who automatically qualifies as an American citizen and can later act as a sponsor for other family members.[6][7] The term is alsooften used in the context of the debate over illegal immigration to the United States to refer to children of illegal immigrants, but may be used for the child of any immigrant.[8] A similar term, "passport baby", has been used in Canada for children born through so-called "maternity" or "birth tourism".

Source: Wikipedia

There are people in my neighborhood whose "anchor baby" children are now approaching 21 years of age or who have already passed their 21st birthday and still live at home. The way the "law" works is not lost on these people. No other country on earth gives gifts like these to invading criminals. I have noticed smiles on the parents' faces lately and lots of new cars and trucks in their driveway.

32 posted on 08/17/2015 1:58:09 PM PDT by 4Runner
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To: BradtotheBone
Can you cay "CONSTITUTIONAL AMENDMENT"?
33 posted on 08/17/2015 1:58:14 PM PDT by Savage Beast ("The politicians scattered like roaches" ~Ann Coulter" (Insult to roaches ~SB))
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To: BradtotheBone

Judge Nap kind of looks like a foreigner. Let’s add his name to the list.


34 posted on 08/17/2015 1:58:17 PM PDT by ImJustAnotherOkie
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To: BradtotheBone
The judge is intentionally leaving out a very relevant clause in the Fourteenth Amendment.

"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."

The children of foreign nationals are not "subject to the jurisdiction thereof" the United States of America. They are "subject to the jurisdiction thereof" the country of which their parents are citizens or subjects.

The framers of the Fourteenth Amendment had absolutely no intention of granting citizenship to the children of foreign nationals, just because they managed to invade our country long enough for those children to be born.

35 posted on 08/17/2015 1:58:29 PM PDT by EternalVigilance
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To: BradtotheBone
Trump is just getting his sea-legs...still not laying out the whole scenario; he will have the U.S.Constitution down cold as to what is constitutional or not.....take a deep breath...give him praise along with Cruz, Fiorina, Carson for their love of this nation and their true desire to fix some major problems. Donald Trump is the Cheer Leader this nation has needed ever since the racist Obama went around the world apologizing and bowing to his Islamic friends:


36 posted on 08/17/2015 1:58:40 PM PDT by yoe
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To: BradtotheBone

FU J N


37 posted on 08/17/2015 1:59:00 PM PDT by CGASMIA68
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To: BradtotheBone

By this reasoning a child born in Cancun while the parents are on vaction is a Mexican citizen?


38 posted on 08/17/2015 1:59:16 PM PDT by southernerwithanattitude (New and Improved Redneck!)
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To: BradtotheBone

I had a feeling the birthright citizenship thing was a no-go, but I’m not so certain that non-violent rights are similarly set in stone. Perhaps we could find a satisfactory way to expedite the processing of trespassers.


39 posted on 08/17/2015 1:59:25 PM PDT by BlackAdderess (Proud member of the "vulgar unwashed masses")
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To: hosepipe

“Makes you go....... Hmmmmmmmmmmmmmmmmmmmm...”

Hosepipe’s giving out hummers. Everyone line up.


40 posted on 08/17/2015 1:59:36 PM PDT by paintriot (On the Conservative Coast.)
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