133

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 so in violation of the 1st Amendment to the United States Constitution. The EO is intended to unlawfully discriminate based upon race or ethnicity in violation ...


61

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 immigration regulation. So you will remain married until you or he changes that.


57

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 discretion and public relations and customary traditions of law enforcement respect for churches that long predate the formation of the USA, law enforcement ...


52

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 Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicil and residence in the United States, and are there ...


49

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 would have to file a lawsuit in US District Court challenging Harris's eligibility. That plaintiff would have to have standing to sue; otherwise the lawsuit would ...


48

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. Wikipedia reference: Nepal requires citizens emigrating to the United States on an H-1B visa to present an exit permit issued by the Ministry of Labour. ...


44

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 presumably also recognized by the United States, since they accepted it for the visa application. So now you need a divorce that is recognized by both countries ...


43

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 while you're at the gym is ok, but no, you can't dash off to the grocery store without it, on the logic that it's "just in town". Just like I can't make a milk run ...


39

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 domicile in the US was not a deciding fact in the analysis. Some people think that a foreign student, a temporary worker, or an illegal immigrant is just as much ...


38

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 are breaking and what the likely consequences are. Filing a police report may become necessary, but might not be the best way to ensure that the documents are ...


35

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 visiting a police station and being interviewed by an officer. Once the report is taken, a few possible outcomes might occur: The police visit the person suspected ...


27

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 does have jurisdiction? As it seems that the decision made is that the points you have been assessed by the Department of Immigration and Border Protection (DIBP)...


22

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, but he has to do that through the State Dept. (which CBP is not part of). And that is an elaborate and expensive process that can't even be done inside the ...


20

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 there any action that he is required to take to relinquish that status? Diplomatic personnel with official diplomatic status under the relevant treaties and for ...


18

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. Ohio, 392 U.S. 1, which found that in justifying the particular intrusion, the police officer must be able to point to specific and articulable facts which, ...


17

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 be unconstitutional, it stops being a law. The constitution is a recipe for running the government. If Congress enacts legislature which it has no authority to ...


16

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 within the power of the Federal government. An XO that deals with matters that properly belong to individual states would be unlawful. This applies to all lawmaking ...


15

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), they may be arrested. A foreign embassy would be the one place located within the borders of a nation which (per Vienna Convention on Diplomatic Relations Art. ...


15

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 this, but that is out of scope for this site. One thing countries can do through their legal systems is to place restrictions on their own citizens. So in ...


15

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 stop your own citizens from leaving without approval. If you remember the pre-perestroika Soviet Union (now over 30 years gone), you feel the chill in your ...


13

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 citizenship. Legal immigrants, those on visas, and indeed tourists, must all pay various taxes, including hotel taxes and sales taxes. Lawful immigrants who work in the ...


13

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 must be involved without much delay, but your uncle should first consult an immigration lawyer because there are several traps he can step on. A Green card can ...


12

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 faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, ...


11

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. The answer is nuanced since there are different standards for an entrance decision than there are for someone who is already in the U.S. This is because ...


11

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 station, tells her side of the story including the whole bit about things getting destroyed and her getting kicked out, cites the missing persons report, and make ...


11

Short Answer Is unlawful entry into Mexico a crime? In the U.S. there is a federal law making unauthorized entry into the country illegal. Does Mexico have similar law? Yes. Illegal entry into Mexico is illegal but, it is not a crime. The form of the question suggest that the person asking it may not be familiar with the distinction between something being ...


10

To supplement ohwilleke's answer (and drawing on a State dept. legal guidance document), there are three categories of "diplomat": diplomatic agents, members of the administrative and technical staff, and members of the service staff. With respect to the current issue, what is relevant is whether a person is subject to the jurisdiction of the US – this is ...


10

While I'm not directly addressing whether Eastman's argument in Newsweek is sound, it's worth noting that Eastman wrote in Newsweek, back in 2016, that Ted Cruz was clearly a natural-born citizen, and Cruz wasn't even born in the US. I understand that citizenship by descent and citizenship by physical location at time of birth are different dimensions to ...


9

You haven't actually asked a question, but I presume that you want to know how the 11-year-old son could accompany his mother to the US if she moves to the US as the fiancée or spouse of a US citizen. The US Department of State has a page about this on their site. It says: Overview: What Is a K-1 Visa? The fiancé(e) K-1 nonimmigrant visa is for the foreign-...


9

He's a citizen; his citizenship can't be taken by ICE or CBP, and he can't legally be kept from returning to the US from Mexico by them. He was offered "self-deportation" because ICE was illegally or irrationally detaining him, thinking that his documents were forged or stolen. He could have "self-deported" in order to simply get out of detention, since it ...


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