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Badar has been detained by DHS and his visa has been revoked.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

This page is a permanent link to the reply below and its nested replies. See all post replies »

PicturesOfABetterTomorrow · 41-45, 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 · 41-45, M

@PicturesOfABetterTomorrow

Also they can determine someone is a security risk. That doesn't mean they have the defacto authority to deport people

Why not?

PicturesOfABetterTomorrow · 41-45, M

@sree251 That should be obvious. Law enforcement are not judge and jury. They don't hand out extra judicial sentences. Judges or Juries hand down sentences not random cops.

By your logic cops should be able to just hand down a sentence on the spot Judge Dread style.

sree251 · 41-45, M

@PicturesOfABetterTomorrow

That should be obvious. Law enforcement are not judge and jury. They don't hand out extra judicial sentences. Judges or Juries hand down sentences not random cops.

We are not talking about cops arresting American citizens protected by the law of the land. This topic is about Homeland Security guarding the nation from foreign threats.

By your logic cops should be able to just hand down a sentence on the spot Judge Dread style.

We are not talking about your local cop here. USCIS grants visitors entry into the country based on explicit reasons stated in visa applications. If a visitor says he wants to come to America to visit Mount Rushmore, the US Government (thru USCIS) gives him permission to do so and issues him a visa. When Homeland Security (DHS) with its vast surveillance reach finds him mooching around nuclear missile silos and launch facilities, he is picked up by the FBI for interrogation. If he is deemed a security risk by the US Government, USCIS withdraws his visa and deports him. This matter is outside the jurisdiction of federal courts. Judge Giles doesn't know her job and is messing up the system. This is the kind of embarrassment DEI policies cause to the nation.

By your logic cops should be able to just hand down a sentence on the spot Judge Dread style.

We are not talking about cops strutting their stuff in your neck of the woods. Do you even know that there is a world outside the USA?

PicturesOfABetterTomorrow · 41-45, M

@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.

PicturesOfABetterTomorrow · 41-45, M

@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.