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Who determines national security risk, a federal judge or the Department of Homeland Security?

Judge Patricia Tolliver Giles ruled the Trump administration could not deport Georgetown fellow Badar Khan Suri.

Badar has been detained by DHS and his visa has been revoked.

What happened to the separation of powers provided for in the Constitution?
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Penny · 46-50, F
the constitution protect us citizens. maybe its because hes not a citizen being here on a visa? when that singer converted to Islam they didnt let him back in the country. I cant think of his name at the moment.
eta- cat stevens (yusuf)
sree251 · 41-45, M
@Penny
the constitution protect us citizens.

Of course, it does. It provides the President (Executive Branch) with the power to revoke visas and remove aliens deemed a security risk. DHS surveil all aliens and determine who is a either a security risk or has violated the terms visitors must abide by. Judge Patricia Giles has no authority to question the decision of Kristi Noem, the Secretary of DHS, to expel any visitor from the USA.
sunsporter1649 · 70-79, M
sree251 · 41-45, M
@sunsporter1649 Judicial activism is weaponization of the judiciary by people in black robes. They are like members of the Ku Klux Klan.
SunshineGirl · 36-40, F
Who upholds the law? The executive or a federal judge? Right now I would not be surprised if Trump interpreted a queue at a drive-in McDonalds as a national security risk. The judiciary is all that stands between Trump and tyranny, and you should be grateful for that.
SatanBurger · 36-40, F
Trump can't deport people over opinions he doesn't like, nevertheless the researcher stated he never made the remarks so Trump can't just do what he wants just cos he don't like you. Grow up.
CountScrofula · 41-45, M
If you are cheering for this kind of assault on basic political freedoms you're one of the bad guys, man. If this was Star Wars you'd be a stormtrooper on the death star just following orders.

His entire academic work was about finding peaceful solution in religious conflict. He's a pacifist and against Hamas. But not good enough so your secret police vanish him. You just mindlessly believe whatever you're told by the mainstream media.
Convivial · 26-30, F
If the judge made that decision it (hopefully) was based on a point of law... The law might make mistakes which can be corrected through new laws.... But anytime you have some one breaking the law. Whether lowlife or President, they are in the wrong
sunsporter1649 · 70-79, M
Ummm the US constitution has this thing called due process.

That is not an Agency only created in 2001 as an attempt to PR the colossal fuck up that was 9/11 having the power to revoke due process because they made a judgement call and expect the courts to "trust me bro."


Also they can determine someone is a security risk. That doesn't mean they have the defacto authority to deport people.
@sree251 Playing word games doesn't change the facts. Cops regardless of their fancy badge don't hand down sentences on the spot with zero judicial process.


It doesn't matter if you are talking about local cops. The law is the law and basic legal process that literally predates the USA as a country.


And again, courts determine the legal status of immigrants not a random cop. And no it doesn't matter what alphabet agency is on their badge.



And yes this is exactly about cops overstepping their authority. And I don't live in the USA. You clearly are the one who don't seem to understand how the world works outside of a right wing GOP fear based fantasy.

And we also know from the actions of the Clinton administration that even if you are detaining criminals deportation makes the problem worse, not better.

But the GOP operates on machismo, not facts or evidence.
@sree251 And if you seriously believe that policing is outside the jurisdiction of the legal system than congratulations. You have a fascist police state. The very thing alot of these people fled.
sree251 · 41-45, M
@PicturesOfABetterTomorrow
And if you seriously believe that policing is outside the jurisdiction of the legal system than congratulations. You have a fascist police state. The very thing alot of these people fled.

Visitors to the US including those with green cards are subject to USCIS oversight. Permission for them to stay in the US can be withdrawn by the federal government as it deems necessary. This is not a matter to be deliberated upon by the court. The Secretary of Homeland Security is the authority on this matter. It is not a civil or criminal matter for litigation in a court of law.
Issues of national security reside within the executive branch. This is overreach by the judicial. That won't stop the communists from trying.
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sree251 · 41-45, M
@sunsporter1649 Judicial activism is another phrase for judges gone wild. This is the problem spawned by DEI policy. Unfit judges, mayors, police chiefs, and even four star generals are wrecking the USA.

 
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