Hacker News new | ask | show | jobs
by rayiner 3434 days ago
It's undisputed that the rise as implemented was excluding green card holders. We don't owe random refugees anything, but permenant residency is a legal status that cannot be revoked without due process. It's clear cut unconstitutional.
2 comments

I agree with that, and after the initial confusion it turns out green card holders are being allowed in, at least if they don't have an extensive criminal record[0].

[0]http://www.cnn.com/2017/01/29/politics/donald-trump-travel-b...

The words out of government's mouth don't make that so clear cut [1]. I don't see any mention of due-process being mentioned there. Generally speaking, rights outlined in the constitution are reserved for citizens, naturalized or natural born, not necessarily those here on visas or other temporary permits (green-card, even "permanent resident", is not truly so, and a green-card doesn't guarantee you re-entry if you leave).

[1] https://www.us-immigration.com/us-immigration-news/us-green-...

Rights are based on the jurisdiction of the US. Permanent residents on US soil have almost the same rights as citizens. Even permanent residents who leave cannot be denied reentey without due process. Landon v. Plasencia, 459 US 21 (1982).
So you think there's nothing wrong with permanently deporting a green card holder, with a US citizen spouse and US citizen children, a job and a mortgage, just because they took a two week vacation while Trump was suffering Executive Order Diarrhea?

Because that's not how America advertises itself. But maybe you don't want an America with rights, you want a fascist America that everyone else hates so you can start another "war on terror" and Trump and Bannon can grab even more emergency powers.