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[Trump Immigration Policy] DACA renewals continue due to injunction, SCOTUS denies appeal

OghulkOghulk Tinychat JanitorTinychatRegistered User regular
edited February 2018 in Debate and/or Discourse
In the mean time, SCOTUS has allowed a partial lift on the injunction against the EO issuing the muslim ban.

Stolen from Enlightenedbum but I'm gonna just post the thing here so people don't have to go through spoilers to see it.

https://apnews.com/236a53e871e5484db90f1b81daa1aade/The-Latest:-US-issues-new-visa-criteria-for-6-Muslim-nations?utm_campaign=SocialFlow&utm_source=Twitter&utm_medium=AP
The Trump administration has set new criteria for visa applicants from six mainly Muslim nations and all refugees that require a “close” family or business tie to the United States. The move comes after the Supreme Court partially restored President Donald Trump’s executive order that was widely criticized as a ban on Muslims.

The new guidelines sent to U.S. embassies and consulates on Wednesday say that applicants from the six countries must prove a relationship with a parent, spouse, child, adult son or daughter, son-in-law, daughter-in-law or sibling in the U.S.

This is according to a State Department cable obtained by the Associated Press.

Grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, fiancees or other extended family members are not considered to be close relationships.

This requires a very narrow definition of close family members and is a practice applied to the SF-86 form required to get a security clearance.

e: As noted by SO IT GOES this thread is for the following:

this thread is for discussing the Trump administrations's policies on immigration, including the Muslim ban, how the admin is treating refugees, etc.

Also on topic are ICE and DHS activities, and things like DACA/DAPA.

Do not discuss other topics here please and thank you.

So It Goes on
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    enlightenedbumenlightenedbum Registered User regular
    As for your thing about the nation of immigrants becoming anti-immigrants, it's nothing new. The Know Nothings were a major force and ran a former President for the office in the 1850s.

    Self-righteousness is incompatible with coalition building.
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    OghulkOghulk Tinychat Janitor TinychatRegistered User regular
    As for your thing about the nation of immigrants becoming anti-immigrants, it's nothing new. The Know Nothings were a major force and ran a former President for the office in the 1850s.

    Yeah, I tend to forget about the whole 19th century of shittiness America threw at immigrants. This country just really hates outsiders...

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    So It GoesSo It Goes We keep moving...Registered User regular
    edited June 2017
    This thread is for discussing the Trump administrations's policies on immigration, including the Muslim ban, how the admin is treating refugees, etc.

    Also on topic are ICE and DHS activities, and things like DACA/DAPA.

    If anyone has a good article or primer on the Muslim ban EO and a timeline of how it was issued, challenged, amended, challenged again, etc. let me know and I will add it to the OP.

    So It Goes on
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    GoumindongGoumindong Registered User regular
    Viskod wrote: »
    So is there anything that can be done to dispute these classifications of "not close enough"

    Like I'd really like this shoved in the supreme courts face that the person you're going to marry isn't close enough to you.

    Yes. You could sue on the claim that the criteria does not meet that laid out in the SCOTUS case

    This will likely happen and the lower courts will instruct the administration on a better definition

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    OghulkOghulk Tinychat Janitor TinychatRegistered User regular
    So It Goes wrote: »
    This thread is for discussing the Trump administrations's policies on immigration, including the Muslim ban, how the admin is treating refugees, etc.

    Also on topic are ICE and DHS activities, and things like DACA/DAPA.

    If anyone has a good article or primer on the Muslim ban EO and a timeline of how it was issued, challenged, amended, challenged again, etc. let me know and I will add it to the OP.

    I added this to the OP myself just to have it up there in big bold print.

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    OrcaOrca Also known as Espressosaurus WrexRegistered User regular
    I really really really (really really) wish the Supreme Court had picked a different case to rebuke the lower courts with. This entire thing is guaranteed to fuck with countless peoples' lives and in a way that was intended from the outset to be discriminatory in the extreme.

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    So It GoesSo It Goes We keep moving...Registered User regular
    I don't think SCOTUS was mad at the lower courts. I think they interpreted the legal standards for preliminary injunctions and then split the baby leaving some general confusion to be dealt with over the next few months. Unfortunately the confusion will greatly effect certain people's lives and result in some further litigation in the lower courts for sure.

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    JoeUserJoeUser Forum Santa Registered User regular
    So It Goes wrote: »
    I don't think SCOTUS was mad at the lower courts. I think they interpreted the legal standards for preliminary injunctions and then split the baby leaving some general confusion to be dealt with over the next few months. Unfortunately the confusion will greatly effect certain people's lives and result in some further litigation in the lower courts for sure.

    Yeah, this is already turning into a mess


    Stepsister, Yes; Grandma, No: U.S. Sets Guidelines for Revised Travel Ban

    Stepsiblings and half-siblings are allowed, but not nieces or nephews. Sons- and daughters-in-law are in, but brothers- and sisters-in-law are not. Parents, including in-laws, are considered “close family,” but grandparents are not.

    The State Department issued new guidelines on Wednesday night to American embassies and consulates on how they should enforce a limited travel ban against foreign visitors from six predominantly Muslim countries. Enforcement of the guidelines will begin at 8 p.m. Eastern on Thursday.

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    SelnerSelner Registered User regular
    JoeUser wrote: »
    So It Goes wrote: »
    I don't think SCOTUS was mad at the lower courts. I think they interpreted the legal standards for preliminary injunctions and then split the baby leaving some general confusion to be dealt with over the next few months. Unfortunately the confusion will greatly effect certain people's lives and result in some further litigation in the lower courts for sure.

    Yeah, this is already turning into a mess


    Stepsister, Yes; Grandma, No: U.S. Sets Guidelines for Revised Travel Ban

    Stepsiblings and half-siblings are allowed, but not nieces or nephews. Sons- and daughters-in-law are in, but brothers- and sisters-in-law are not. Parents, including in-laws, are considered “close family,” but grandparents are not.

    The State Department issued new guidelines on Wednesday night to American embassies and consulates on how they should enforce a limited travel ban against foreign visitors from six predominantly Muslim countries. Enforcement of the guidelines will begin at 8 p.m. Eastern on Thursday.

    So I'm curious. How do you even prove a relationship?
    If a Dad is visiting a Son, how does the Dad prove that? It is verbal? Does he need documentation? If he says I'm visiting John Smith, do they then look up John Smith in some sort of database?

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    Mx. QuillMx. Quill I now prefer "Myr. Quill", actually... {They/Them}Registered User regular
    Selner wrote: »
    JoeUser wrote: »
    So It Goes wrote: »
    I don't think SCOTUS was mad at the lower courts. I think they interpreted the legal standards for preliminary injunctions and then split the baby leaving some general confusion to be dealt with over the next few months. Unfortunately the confusion will greatly effect certain people's lives and result in some further litigation in the lower courts for sure.

    Yeah, this is already turning into a mess


    Stepsister, Yes; Grandma, No: U.S. Sets Guidelines for Revised Travel Ban

    Stepsiblings and half-siblings are allowed, but not nieces or nephews. Sons- and daughters-in-law are in, but brothers- and sisters-in-law are not. Parents, including in-laws, are considered “close family,” but grandparents are not.

    The State Department issued new guidelines on Wednesday night to American embassies and consulates on how they should enforce a limited travel ban against foreign visitors from six predominantly Muslim countries. Enforcement of the guidelines will begin at 8 p.m. Eastern on Thursday.

    So I'm curious. How do you even prove a relationship?
    If a Dad is visiting a Son, how does the Dad prove that? It is verbal? Does he need documentation? If he says I'm visiting John Smith, do they then look up John Smith in some sort of database?

    It's almost like they didn't think things through about this at all!

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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    edited June 2017
    Selner wrote: »
    JoeUser wrote: »
    So It Goes wrote: »
    I don't think SCOTUS was mad at the lower courts. I think they interpreted the legal standards for preliminary injunctions and then split the baby leaving some general confusion to be dealt with over the next few months. Unfortunately the confusion will greatly effect certain people's lives and result in some further litigation in the lower courts for sure.

    Yeah, this is already turning into a mess


    Stepsister, Yes; Grandma, No: U.S. Sets Guidelines for Revised Travel Ban

    Stepsiblings and half-siblings are allowed, but not nieces or nephews. Sons- and daughters-in-law are in, but brothers- and sisters-in-law are not. Parents, including in-laws, are considered “close family,” but grandparents are not.

    The State Department issued new guidelines on Wednesday night to American embassies and consulates on how they should enforce a limited travel ban against foreign visitors from six predominantly Muslim countries. Enforcement of the guidelines will begin at 8 p.m. Eastern on Thursday.

    So I'm curious. How do you even prove a relationship?
    If a Dad is visiting a Son, how does the Dad prove that? It is verbal? Does he need documentation? If he says I'm visiting John Smith, do they then look up John Smith in some sort of database?

    It's almost like they didn't think things through about this at all!

    Because it's hard to objectively prove, and gives them plenty of leeway to deny even those with an approved relationship?

    I think you may be misunderstanding their goals if you think this doesn't align with them.

    Consider siblings. A parent may have a birth certificate with their signature that may be acceptable. A sibling would have to hope the same parent signed both of theirs, or then need a marriage license proving the two people who signed their birth certificates were married.

    ArbitraryDescriptor on
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    Mx. QuillMx. Quill I now prefer "Myr. Quill", actually... {They/Them}Registered User regular
    Oh I understand them completely: fuck over as many non-white families as possible.

    The fact that actual family members like grandparents and nieces/nephews "don't count" is bullshit.

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    SelnerSelner Registered User regular
    Because it's hard to objectively prove, and gives them plenty of leeway to deny even those with an approved relationship?

    I think you may be misunderstanding their goals if you think this doesn't align with them.

    Consider siblings. A parent may have a birth certificate with their signature that may be acceptable. A sibling would have to hope the same parent signed both of theirs, or then need a marriage license proving the two people who signed their birth certificates were married.

    Oh, I understand. They want to make it as difficult as possible, and generally discourage people from coming over.

    I'm just sort of curious what "formal and documented" means to them.
    If I could count of the "goodness" of people (which we can't) I would hope that saying "I'm visiting my father" would be enough to allow someone in. Maybe some follow up questions.

    People coming over for work or conferences will probably have documentation of some sort, so they might be scrutinized more.

    And anyone trying to get through customs should have their cell phones/cameras at the ready. As there will be problems, and people with legitimate reasons to be in the US will be challenged and turned away.

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    JoeUserJoeUser Forum Santa Registered User regular
    Washington Examiner reporter



    I bet you can guess which states!

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    OghulkOghulk Tinychat Janitor TinychatRegistered User regular
    I hate Ken Paxton

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    DedwrekkaDedwrekka Metal Hell adjacentRegistered User regular
    Oghulk wrote: »
    I hate Ken Paxton

    Ken "I'm currently being sued for felony fraud while serving as state AG" Paxton

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    hippofanthippofant ティンク Registered User regular
    If you thought you had a legal case, you would have sued in 2014. Just a bunch of AGs deciding to get all legislative on the country.

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    SpoitSpoit *twitch twitch* Registered User regular
    Oh I understand them completely: fuck over as many non-white families as possible.

    The fact that actual family members like grandparents and nieces/nephews "don't count" is bullshit.
    So if a sibling's family comes over, theoretically the adults be waved through, but the children would be detained and/or sent back?

    steam_sig.png
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    DarkPrimusDarkPrimus Registered User regular
    JoeUser wrote: »
    Washington Examiner reporter



    I bet you can guess which states!

    Actually, I missed Idaho.

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    DedwrekkaDedwrekka Metal Hell adjacentRegistered User regular
    Spoit wrote: »
    Oh I understand them completely: fuck over as many non-white families as possible.

    The fact that actual family members like grandparents and nieces/nephews "don't count" is bullshit.
    So if a sibling's family comes over, theoretically the adults be waved through, but the children would be detained and/or sent back?

    More likely they would ask the sibling for proof that the father was their father, and proof that the mother was their mother, proof that the father and mother were married, and any children would have to prove that they are the children of either of them.

    "You say you're the child of Aamir and Yamha, but can you prove that you are the child of this Aamir and this Yamha?"

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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    Dedwrekka wrote: »
    Spoit wrote: »
    Oh I understand them completely: fuck over as many non-white families as possible.

    The fact that actual family members like grandparents and nieces/nephews "don't count" is bullshit.
    So if a sibling's family comes over, theoretically the adults be waved through, but the children would be detained and/or sent back?

    More likely they would ask the sibling for proof that the father was their father, and proof that the mother was their mother, proof that the father and mother were married, and any children would have to prove that they are the children of either of them.

    "You say you're the child of Aamir and Yamha, but can you prove that you are the child of this Aamir and this Yamha?"

    Just produce a US birth certificate or a state or federally issued photo ID and we can clear this all up.

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    enlightenedbumenlightenedbum Registered User regular
    Self-righteousness is incompatible with coalition building.
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    SpoitSpoit *twitch twitch* Registered User regular
    Dedwrekka wrote: »
    Spoit wrote: »
    Oh I understand them completely: fuck over as many non-white families as possible.

    The fact that actual family members like grandparents and nieces/nephews "don't count" is bullshit.
    So if a sibling's family comes over, theoretically the adults be waved through, but the children would be detained and/or sent back?

    More likely they would ask the sibling for proof that the father was their father, and proof that the mother was their mother, proof that the father and mother were married, and any children would have to prove that they are the children of either of them.

    "You say you're the child of Aamir and Yamha, but can you prove that you are the child of this Aamir and this Yamha?"

    Just produce a US birth certificate or a state or federally issued photo ID and we can clear this all up.

    Unless it's a Hawaiian birth certificate. Because of course, we all know that those are fake, even if you have a long form one. Still waiting to hear back from his investigators!

    steam_sig.png
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    enlightenedbumenlightenedbum Registered User regular
    They caved on fiancees, hooray?

    Self-righteousness is incompatible with coalition building.
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    edited June 2017
    They are probably going to be caving on a lot.

    Fencingsax on
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    JoeUserJoeUser Forum Santa Registered User regular
    This is just a random twitter person, but this made me happy

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    nexuscrawlernexuscrawler Registered User regular
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

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    ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

    I don't know, could go either way. The lower courts ruled by inferring intent. SCOTUS allowed them to demonstrate how it's going to go, and they're not off to a great start.

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    NyysjanNyysjan FinlandRegistered User regular
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

    I don't know, could go either way. The lower courts ruled by inferring intent. SCOTUS allowed them to demonstrate how it's going to go, and they're not off to a great start.
    There was no need to infer intent, Trump yelled it of the roofstops often enough.
    It was 100% clear this was intended to discriminate based on religion and race.

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    CelestialBadgerCelestialBadger Registered User regular
    JoeUser wrote: »
    This is just a random twitter person, but this made me happy


    I can see fakers taking advantage of the vulnerable if this becomes a thing.

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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

    SCOTUS basically ruled that noncitizens not in the country should not expect constitutional protections, and then ruled as tightly as they could with that in mind. They are not responsible for Trump fucking around.

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    LabelLabel Registered User regular
    I want to do something about all of this.

    I don't know what, or how. Fucking hell.


    Is there any protest or rallies on any of this shit? Travel ban or ICE or anything? Does anyone know groups organizing this sort of thing?

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    tbloxhamtbloxham Registered User regular

    And here we see the beginnings of the real problem. The supreme court has just made another ruling which is wrong. Now the lower courts can either accept the ruling, maintaining the authority of the court but degrading the authority of law, or attempt to guide the supremes to the correct ruling, maintaining the authority of the law, but damaging the courts.

    "That is cool" - Abraham Lincoln
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    HamHamJHamHamJ Registered User regular
    Fencingsax wrote: »
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

    SCOTUS basically ruled that noncitizens not in the country should not expect constitutional protections, and then ruled as tightly as they could with that in mind. They are not responsible for Trump fucking around.

    They are absolutely responsible for not doing anything to guard against what was obviously going to happen.

    While racing light mechs, your Urbanmech comes in second place, but only because it ran out of ammo.
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    a5ehrena5ehren AtlantaRegistered User regular
    tbloxham wrote: »

    And here we see the beginnings of the real problem. The supreme court has just made another ruling which is wrong. Now the lower courts can either accept the ruling, maintaining the authority of the court but degrading the authority of law, or attempt to guide the supremes to the correct ruling, maintaining the authority of the law, but damaging the courts.

    Just because you don't like it doesn't mean they ruled incorrectly. Even RBG and Breyer agreed with the stay.

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    Commander ZoomCommander Zoom Registered User regular
    As I understand it, they are required to rule purely on the legal merits, not on the probability of the (current) Executive Branch being a bunch of racist geese.

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    VeeveeVeevee WisconsinRegistered User regular
    JoeUser wrote: »
    This is just a random twitter person, but this made me happy


    I can see fakers taking advantage of the vulnerable if this becomes a thing.

    I... I kinda hope they do. I mean, it'd be terrible for their victims, but if we must take away felons right to vote...

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    DarkPrimusDarkPrimus Registered User regular
    Veevee wrote: »
    JoeUser wrote: »
    This is just a random twitter person, but this made me happy


    I can see fakers taking advantage of the vulnerable if this becomes a thing.

    I... I kinda hope they do. I mean, it'd be terrible for their victims, but if we must take away felons right to vote...

    As long as they never say they are actually a lawyer, what can they be charged with?

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    fightinfilipinofightinfilipino Angry as Hell #BLMRegistered User regular
    DarkPrimus wrote: »
    Veevee wrote: »
    JoeUser wrote: »
    This is just a random twitter person, but this made me happy


    I can see fakers taking advantage of the vulnerable if this becomes a thing.

    I... I kinda hope they do. I mean, it'd be terrible for their victims, but if we must take away felons right to vote...

    As long as they never say they are actually a lawyer, what can they be charged with?

    unauthorized practice of law. doesn't matter if they don't specifically claim to be a lawyer. putting it out there that you are offering "free legal assistance" would be enough.

    ffNewSig.png
    steam | Dokkan: 868846562
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    HamHamJ wrote: »
    Fencingsax wrote: »
    The fact that the SCOTUS allowed this gives me low hopes for their eventual ruling

    SCOTUS basically ruled that noncitizens not in the country should not expect constitutional protections, and then ruled as tightly as they could with that in mind. They are not responsible for Trump fucking around.

    They are absolutely responsible for not doing anything to guard against what was obviously going to happen.

    They are literally not allowed to rule that way. Federal courts can't even give advisory rulings.

This discussion has been closed.