134
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 ...
- 167k
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 ...
- 190k
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 ...
- 167k
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 ...
- 190k
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 ...
- 27k
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....
- 635
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 ...
- 11k
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 ...
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 ...
- 29.9k
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 ...
- 437
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 ...
- 6,225
35
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)...
- 177k
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 ...
- 177k
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, ...
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 ...
- 167k
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. ...
- 190k
18
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 ...
- 2,469
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 ...
- 29.9k
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 ...
- 190k
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 ...
- 177k
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), ...
- 190k
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 ...
- 29.9k
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 ...
14
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 ...
- 4,676
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 ...
- 112k
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 ...
- 312
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 ...
- 167k
12
votes
Do "the laws" mentioned in the U.S. Oath of Allegiance have to be constitutional?
There is an Oath of Enlistment for the military where the enlistee vows to
support and defend the Constitution of the United States against all
enemies, foreign and domestic; that I will bear true ...
- 190k
11
votes
Accepted
Is it illegal to discriminate against refugees or immigrants based on their religion?
tl;dr
My assumption: the U.S. government is considering whether to accept refugees and immigrants (given your Syria comment). The background section talks about State attempts to restrict entry.
...
- 6,029
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 ...
- 177k
Only top scored, non community-wiki answers of a minimum length are eligible