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BREAKING NEWS: Emergency Stay Granted - Defeat for Trump's Right Wing Agenda

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posted on Feb, 3 2017 @ 10:37 PM
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a reply to: Indigo5

The judge put a stay on specific sections of the EO. Sections 3(c), 5(a), 5(b), 5(c) and 5 (e).

So no he did not stay the entire EO. Also its a temporary hold, just like the others.

Judges ruling ***PDF LINK***

EO - PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES

affected sections -

3(c)

(c) To temporarily reduce investigative burdens on relevant agencies during the review period described in subsection (a) of this section, to ensure the proper review and maximum utilization of available resources for the screening of foreign nationals, and to ensure that adequate standards are established to prevent infiltration by foreign terrorists or criminals, pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental to the interests of the United States, and I hereby suspend entry into the United States, as immigrants and nonimmigrants, of such persons for 90 days from the date of this order (excluding those foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, C-2 visas for travel to the United Nations, and G-1, G-2, G-3, and G-4 visas).



5(a)

Sec. 5. Realignment of the U.S. Refugee Admissions Program for Fiscal Year 2017. (a) The Secretary of State shall suspend the U.S. Refugee Admissions Program (USRAP) for 120 days. During the 120-day period, the Secretary of State, in conjunction with the Secretary of Homeland Security and in consultation with the Director of National Intelligence, shall review the USRAP application and adjudication process to determine what additional procedures should be taken to ensure that those approved for refugee admission do not pose a threat to the security and welfare of the United States, and shall implement such additional procedures. Refugee applicants who are already in the USRAP process may be admitted upon the initiation and completion of these revised procedures. Upon the date that is 120 days after the date of this order, the Secretary of State shall resume USRAP admissions only for nationals of countries for which the Secretary of State, the Secretary of Homeland Security, and the Director of National Intelligence have jointly determined that such additional procedures are adequate to ensure the security and welfare of the United States.



5(b)

(b) Upon the resumption of USRAP admissions, the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Where necessary and appropriate, the Secretaries of State and Homeland Security shall recommend legislation to the President that would assist with such prioritization.



5(c)

(c) Pursuant to section 212(f) of the INA, 8 U.S.C. 1182(f), I hereby proclaim that the entry of nationals of Syria as refugees is detrimental to the interests of the United States and thus suspend any such entry until such time as I have determined that sufficient changes have been made to the USRAP to ensure that admission of Syrian refugees is consistent with the national interest.



5(e)

(e) Notwithstanding the temporary suspension imposed pursuant to subsection (a) of this section, the Secretaries of State and Homeland Security may jointly determine to admit individuals to the United States as refugees on a case-by-case basis, in their discretion, but only so long as they determine that the admission of such individuals as refugees is in the national interest -- including when the person is a religious minority in his country of nationality facing religious persecution, when admitting the person would enable the United States to conform its conduct to a preexisting international agreement, or when the person is already in transit and denying admission would cause undue hardship -- and it would not pose a risk to the security or welfare of the United States.

edit on 3-2-2017 by Xcathdra because: (no reason given)

edit on 3-2-2017 by Xcathdra because: (no reason given)




posted on Feb, 3 2017 @ 10:41 PM
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a reply to: Xcathdra

Oh..then Fox News must be FAKE NEWS?




SEATTLE –  A federal judge in Seattle brought the Trump administration’s executive order on immigration to a halt nationwide Friday, issuing a temporary restraining order in U.S. District Court until further hearings can be held.



www.foxnews.com...

PLEASE...do tell...What remains of the EO?



posted on Feb, 3 2017 @ 10:46 PM
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a reply to: Indigo5

Read the judges order, linked above. The sections above are the only parts of the EO temporarily blocked.

As for what remains read the EO above and you will see. The sections not listed in the judges order are not affected.


edit on 3-2-2017 by Xcathdra because: (no reason given)



posted on Feb, 3 2017 @ 10:47 PM
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a reply to: TheRedneck


Your posts now look less and less objective...


Frankly I feel a fool having engaged with you under the pretense you were being objective...


The entire EO has been stayed on Constitutional grounds now...


We can let the Judicial Branch sort it out from here..



posted on Feb, 3 2017 @ 10:49 PM
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originally posted by: Xcathdra
a reply to: Indigo5

Read the judges order, linked above. The sections above are the only parts of the EO temporarily blocked.

As for what remains read the EO above and you will see. The sections not listed in the judges order are not affected.



It was effectively gutted...

You can spend time arguing otherwise, but reality disagrees..

Lets see what happens in court...



posted on Feb, 3 2017 @ 10:52 PM
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a reply to: Indigo5

No the entire EO has not been stayed nor was it stated anywhere in the judges ruling citing it as unconstitutional.

You really want me to answer the fake news question when you are intentionally making false claims about the EO and the judges order?

As for the courts Washington is in the 9th circus court of appeals, the most overturned appellate district in the US.
edit on 3-2-2017 by Xcathdra because: (no reason given)



posted on Feb, 3 2017 @ 11:07 PM
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This entire episode of liberal legal lawsuits, will finally result in Congress taking a serious look at Tort Reform...

It's long overdue...



posted on Feb, 3 2017 @ 11:09 PM
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a reply to: JacKatMtn

What does this have to do with tort law?



posted on Feb, 3 2017 @ 11:10 PM
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edit on 2/3/2017 by Phage because: (no reason given)



posted on Feb, 3 2017 @ 11:24 PM
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a reply to: Phage

Really? You don't see these frivolous actions against the EO Pres Trump signed, won't.... in the end... effect the long overdue reform of TORT?

It's coming.....



posted on Feb, 3 2017 @ 11:25 PM
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a reply to: JacKatMtn



Really? You don't see these frivolous actions against the EO Pres Trump signed, won't.... in the end... effect the long overdue reform of TORT?

What does this restraining order have to do with tort law?

(Tort is not an acronym, btw)
edit on 2/3/2017 by Phage because: (no reason given)



posted on Feb, 3 2017 @ 11:33 PM
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a reply to: Phage

I respect your intellect... I do question your common sense...



posted on Feb, 3 2017 @ 11:34 PM
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a reply to: JacKatMtn

So.
No answer?



posted on Feb, 3 2017 @ 11:35 PM
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originally posted by: Phage
a reply to: JacKatMtn

So.
No answer?

Flew right under your High Flying Head



posted on Feb, 3 2017 @ 11:49 PM
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originally posted by: Indigo5

originally posted by: Xcathdra
a reply to: Indigo5

Read the judges order, linked above. The sections above are the only parts of the EO temporarily blocked.

As for what remains read the EO above and you will see. The sections not listed in the judges order are not affected.



It was effectively gutted...

You can spend time arguing otherwise, but reality disagrees..

Lets see what happens in court...


Says you now.
You will find out you are wrong.



posted on Feb, 4 2017 @ 12:02 AM
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a reply to: JacKatMtn

Apologies Phage... I went too far, like I said, I respect your intellect...

I have learned much... it's just on political deals, where we butt heads, that I don't really appreciate your scalpel like ways of carving through the membership....

I just disagree with your thoughts on my post considering tort reform to the current left lawsuits to stop a 90 day TEMP ban on folks coming into the US from less than 10 countries...

It's a silly fight IMO... that is all



posted on Feb, 4 2017 @ 12:21 AM
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originally posted by: JacKatMtn
a reply to: JacKatMtn

Apologies Phage... I went too far, like I said, I respect your intellect...

I have learned much... it's just on political deals, where we butt heads, that I don't really appreciate your scalpel like ways of carving through the membership....

I just disagree with your thoughts on my post considering tort reform to the current left lawsuits to stop a 90 day TEMP ban on folks coming into the US from less than 10 countries...

It's a silly fight IMO... that is all


Not to mention future elections where everyone in favor of letting terror nations have their visas into the country today, will get shellac'd at the voting booth.

Political jackpot for Trump. Dems really know how to get behind a losing cause these days.



posted on Feb, 4 2017 @ 12:22 AM
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a reply to: JacKatMtn




I just disagree with your thoughts on my post considering tort reform to the current left lawsuits to stop a 90 day TEMP ban on folks coming into the US from less than 10 countries...


Your disagreement would seem to stem from a lack of understanding of what tort law is as opposed to constitutional law.



posted on Feb, 4 2017 @ 12:25 AM
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a reply to: Phage

Consensus seems to be the EO is constitutional, will be interesting to see how the courts decide this.
Can't see any grounds it can be struck down on, but I'm not a Constitutional lawyer.



posted on Feb, 4 2017 @ 12:26 AM
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I think this new ruling is an example of judicial over reach.

But I hope the people on the left enjoy this victory. Much like there praises of Reid using the crappily named (nuclear option) or Obamas use of Executive Orders by the left, this reliance on courts is going to end badly for the left.

The supreme court is about to get more conservative, and if the precedent is set that the court can enact law like the left loves doing, the the crying of liberals will reach all time highs.




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