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135 votes
Accepted

On what basis might Trump's executive order on immigration be illegal?

A few possible reasons it could be illegal (on an issue spotting basis, not a careful analysis of each possible reason): The EO is intended to discriminate on the basis of religion and in fact does ...
ohwilleke's user avatar
  • 224k
60 votes

Is marriage automatically cancelled for immigration violation?

Marriages are controlled by state law, immigration is governed by federal law. In no state is a marriage automatically "cancelled" for committing a crime, much less for violating an ...
user6726's user avatar
  • 215k
58 votes
Accepted

Can illegal aliens claim sanctuary in a church?

The case you identify is not unique. For example, the Unitarian church in Denver has done much the same thing. There is not a legal right to sanctuary in a church. But, as a manner of law enforcement ...
ohwilleke's user avatar
  • 224k
53 votes

Will SCOTUS be forced to rule on birthright citizenship soon?

Probably not, because there is no legal case or controversy, and the law is clear enough. In US v. Wong Kim Ark, 169 U.S. 649, SCOTUS held that A child born in the United States, of parents of ...
user6726's user avatar
  • 215k
49 votes
Accepted

Will SCOTUS be forced to rule on birthright citizenship soon?

I think it's quite unlikely that this will lead to a Supreme Court decision on the question of birthright citizenship in general. Consider what would have to happen to get to that point: Someone ...
Nate Eldredge's user avatar
47 votes
Accepted

Can a nation A stop nation B from issuing visas to citizens of nation A?

I assume the goal here is for nation A to prevent citizen A1 from travelling/emigrating to nation B. It can be done, but not in the way you're suggesting. It can be achieved by instituting exit visas....
Flater's user avatar
  • 704
44 votes

Is marriage automatically cancelled for immigration violation?

You will be married to a person who is not allowed to enter the United States. But still married. The marriage is presumably valid under the laws of Laos, since you married there. The marriage is ...
o.m.'s user avatar
  • 18.8k
43 votes

Is it illegal to withhold someone's passport and green card in California?

The green card should always be at hand Yeah, he can't do that. He needs a green card in his possession anytime he's not on private property. Obviously for instance leaving it in the gym locker ...
Harper - Reinstate Monica's user avatar
39 votes

Will SCOTUS be forced to rule on birthright citizenship soon?

No. The circumstances of Kamala Harris's birth fall squarely within the terms of United States v. Wong Kim Ark. As described in the other answer, the fact that Wong's parents had a permanent ...
phoog's user avatar
  • 37.9k
38 votes

Is it illegal to withhold someone's passport and green card in California?

It might be sufficient to have a lawyer draft a letter asking for the return of the documents; many people become much more reasonable after seeing something in writing that spells out what laws they ...
arp's user avatar
  • 705
35 votes

Is it illegal to withhold someone's passport and green card in California?

A necessary first step in such a situation is filing a police report in the town where the withholding/theft occurred (or is suspected to have occurred.) Generally, a complainant can do this by ...
Michael Seifert's user avatar
34 votes

Should I get divorce before I can marry again in the US?

It is illegal to marry while you are already married This is the crime of bigamy in all 50 states. A marriage ends with the death of one of the couple, a divorce or (in some very limited circumstances)...
Dale M's user avatar
  • 214k
27 votes

What international body would one go to file a case against Australian Immigration?

No international body has jurisdiction Australia is a sovereign nation which means it has sole jurisdiction over its immigration policy. So, short answer: no international body has jurisdiction. Who ...
Dale M's user avatar
  • 214k
23 votes
Accepted

Is it illegal for an American to go to North Korea?

Short Answer Is it illegal for US citizens to travel to North Korea? Yes (but see the "fine print" below). Long Answer There is: a US travel ban to North Korea for American citizens, as ...
ohwilleke's user avatar
  • 224k
22 votes

Self-deportation of American Citizens from US

They can't take his citizenship... Since he claims to be a born citizen, he has citizenship by birthright and nothing CBP can do can possibly revoke it. He can voluntarily renounce his citizenship, ...
Harper - Reinstate Monica's user avatar
20 votes

When does a person lose diplomatic status?

His statement suggests that he was at one time employed in a diplomatic function (and that assumes that he had diplomatic "papers" because of his employ), how does one lose that status, and is ...
ohwilleke's user avatar
  • 224k
18 votes

Is the use of language other than English 'Reasonable Suspicion' for detention?

It is intuitively crazy to think that speaking Spanish in Montana is evidence of a crime. Still, we will have to wait to see what the courts rule, if it goes that far. We should start with Terry v. ...
user6726's user avatar
  • 215k
18 votes
Accepted

US residency law for green card holders

There's no hard deadline for you to return to the US. There are some consequences, however, beginning at 180 days, at which point you are to be processed at the border as an "applicant for ...
phoog's user avatar
  • 37.9k
18 votes

Does divorce affect citizenship?

united-states Naturalization obtained by fraud or misrepresentation, including misrepresentation in earlier applications for immigration benefits, can be revoked. This requires action on the part of ...
phoog's user avatar
  • 37.9k
17 votes

Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?

Technically, there is no such thing as an unconstitutional law. There are laws which have been passed, but whose unconstitutionality has not been discovered yet. But once a law is legally deemed to ...
grovkin's user avatar
  • 2,598
17 votes
Accepted

Should I get divorce before I can marry again in the US?

Divorce in the US is governed by state law, so it depends on what state you live in. However, the basic requirement is that you be a resident of that state. In the state of Washington, there is no ...
user6726's user avatar
  • 215k
16 votes

On what basis might Trump's executive order on immigration be illegal?

Rather than focus on the particular Executive Order, I will consider the general grounds on which an XO may be unlawful. Federal jurisdiction First, it must deal with matters that are properly ...
Dale M's user avatar
  • 214k
15 votes

Can illegal aliens claim sanctuary in a church?

If a person is within a political unit X, they are in the jurisdiction of X, and unless them have specific immunity (e.g. Art. 1 Sect. 6 Cl. 1 of the Constitution, congressional immunity from arrest), ...
user6726's user avatar
  • 215k
15 votes

Can a nation A stop nation B from issuing visas to citizens of nation A?

In general there is no legal mechanism for this to happen unless the two countries sign a treaty to create such a mechanism. Countries might be able to use political or diplomatic pressure to achieve ...
phoog's user avatar
  • 37.9k
15 votes

Can a nation A stop nation B from issuing visas to citizens of nation A?

Exit visas are the time-tested mechanism Seriously. Several answers mention this, but it deserves so much more than a mention. You don't stop nation B (and the 193 others) from issuing visas, you ...
Harper - Reinstate Monica's user avatar
15 votes
Accepted

Evil mother filed missing person report after kicking out adult daughter. Any way to dismiss it?

What can we do to dismiss such report? Does she just show up at a local police department telling them that she's fine and it was her own decision? In short, yes. She shows up at a local police ...
WBT's user avatar
  • 4,878
14 votes

How can the the USA legally ask illegal immigrants to pay taxes while denying them any legal basis of citizenship?

Paying taxes need not have any legal connection to citizenship or potential citizenship. There is no constitutional provision, or law, which limits taxation to citizens or those on a path to ...
David Siegel's user avatar
13 votes
Accepted

Is it illegal to withhold someone's passport and green card in California?

Stop asking around on internet now. Your uncle needs to talk to his daughter and get his Green Card (this should be possible seeing how she is is daughter?!). If that doesn't work right away, police ...
Damon's user avatar
  • 322
12 votes
Accepted

Is it legal for a landlord to refuse a lease because an Occupant on the application is an undocumented immigrant?

The default rule is that a landlord can refuse to rent to anyone for any reason, in which case the landlord can refuse to rent in this case. There are civil rights laws that limit this discretion in ...
ohwilleke's user avatar
  • 224k
11 votes
Accepted

Will a Muslim with multiple wives who travels to the U.S. be charged with polygamy?

No However, only the first wife is recognised as a wife under US law. Please note that it is not illegal to live in a polyamorous relationship in the US: only to marry in the US while still married to ...
Dale M's user avatar
  • 214k

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