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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

Come on, judge—parents can’t just dump their kids in the US—they gotta go with the parents.


81 posted on 08/17/2015 2:15:56 PM PDT by 9YearLurker
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To: skeeter

You got it. I had to scroll down a bit to see if anyone knew of the phrase “subject to the jurisdiction thereof” and you’re the first one.

Judge Napolitano should know better.


82 posted on 08/17/2015 2:16:00 PM PDT by Hostage (ARTICLE V)
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To: LeoWindhorse
Repeal the 14th

“Every Person born within the limits of the United States, and subject to their jurisdiction, is by virtue of natural law and national law a citizen of the United States. This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.”

--Senator Jacob Howard, co-author of the citizenship clause of the 14th Amendment, 1866.

83 posted on 08/17/2015 2:16:23 PM PDT by pgyanke (Republicans get in trouble when not living up to their principles. Democrats... when they do.)
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To: paintriot

Hosepipe’s giving out hummers. Everyone line up.


Exactely.. except for the perpetually gullible..
the PolyAnna’s looking for something to make them “GLAD”..

Good Show actually.. beats the hell out of another boring FAUX contest of the UNIPARTY...

It’s still the UNIparty’s Show.. but not so damned boring..

TRUMP is DAMNING the UNIPARTY... like a halfback feigning to the right then going left to make a touchdown..

I would laugh... if it wasn’t Sooo OBAMA “damned” serious..


84 posted on 08/17/2015 2:16:32 PM PDT by hosepipe (This propaganda has been edited (specifically) to include some fully orbed hyperbole..)
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To: ScottinVA

Much of what any presidential candidate proposes (tax policy, etc.) has to go through Congress.


85 posted on 08/17/2015 2:16:41 PM PDT by 9YearLurker
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To: ScottinVA

Oh, and Teddy Kennedy’s 1965 immigration law is an abomination that should be repealed anyway.


86 posted on 08/17/2015 2:17:21 PM PDT by 9YearLurker
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To: DFG
What about “Operation Wetback” in the 1950’s?

*Exactly*

It worked for Ike and his Administration, and it can work again. As Trump has spelled out so well, we are either a nation with secure borders and a nation of laws, or we are simply no longer a nation.
87 posted on 08/17/2015 2:17:25 PM PDT by mkjessup (Iran has an ayatollah for it's 'supreme leader', America has an ASSAHOLLAH !!!)
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To: skeeter

If you catch a burglar in your house, he has the right to eat from your fridge and drink your beer.

That’s the jus soli interpretation of the wise latina, I’m sure.


88 posted on 08/17/2015 2:17:32 PM PDT by henkster (Ms. Clinton, are you a criminal or just really stupid?)
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To: BradtotheBone
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.

Sorry, your honor. If the constitution was amended to deny birthright citiszenship to any children born of non-citizen parents in the country later than, say, January 1, 2000, then that would be that. Getting such an amendment through Congress and ratified by 3/4 of the states would be a tall order, of course.

89 posted on 08/17/2015 2:17:56 PM PDT by Spartan79 (I view great cities as pestilential to the morals, the health, and the liberties of man. Jefferson)
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To: mkjessup

A very workable solution!


90 posted on 08/17/2015 2:18:03 PM PDT by smoothsailing
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To: BradtotheBone
I have had enough of this arrogant POS judge.

He is an open borders anti-American elitist.

He may say he loves the United States Constitution but in reality it's just an intellectual exercise for him.

He would never kill other humans to defend Liberty.

91 posted on 08/17/2015 2:18:46 PM PDT by sand88 (We can never legislate our way back to Liberty)
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To: BradtotheBone

I think Judge Nap might have misinterpreted what Trump said. Trump said we would not split families, meaning we would deport illegal parents and, of course, they could take their anchor babies with them. I don’t think Trump said we would deport anchor babies separate from parents.

So, if anchor babies have a way to stay in the US they could, but the parents wouldn’t be allowed to stay simply because they’d had an anchor baby.

Then Nap talked about the court hearings each illegal would be entitled to. Hire more immigration judges and speed the process.

Nap seemed very eager shot down Trump’s plan.


92 posted on 08/17/2015 2:19:07 PM PDT by Will88
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To: BradtotheBone

Judge (ok with homosexual marriage) Napolitano is in no real world position to lecture on constitution. He is off the bench and a talking head nyc insider.

YOU CAN send the us born MINOR citizen with the deported parents. period. Custody follows the parents not the citizenship of convenience.


93 posted on 08/17/2015 2:19:15 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: mkjessup

custody follows the parents. period.

When the parents are deported the child goes with them. he/she may return at 18.


94 posted on 08/17/2015 2:20:10 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: BradtotheBone

The Obama precedent is that the Constitution is irrelevant so we should apply that to this issue.


95 posted on 08/17/2015 2:20:45 PM PDT by amnestynone (Political Correction is a tactic based social intimidation to suppress opposing views.)
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To: All

Immigration judges are glorified magistrates. They can be restricted and have discretion removed from their purview.


96 posted on 08/17/2015 2:21:39 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: longtermmemmory

Works for me.


97 posted on 08/17/2015 2:22:13 PM PDT by mkjessup (Iran has an ayatollah for it's 'supreme leader', America has an ASSAHOLLAH !!!)
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To: BradtotheBone

Needs a barf alert


98 posted on 08/17/2015 2:22:22 PM PDT by Ray76 (When a gov't leads it's people down a path of destruction resistance is not only a right but a duty.)
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To: skeeter
If I catch a burgler in my house can I make him cut my lawn?

No, but you can use force to evict him from your home and property.

Thats how silly the 14th amendment absolutist argument is.

I' m not clear what you mean by that??

99 posted on 08/17/2015 2:23:20 PM PDT by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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To: BradtotheBone

Nappy is reading only what he wants to. He’s wrong.


100 posted on 08/17/2015 2:24:47 PM PDT by LongWayHome
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