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Vermont Senate to Consider Bill Defying Trump’s Immigration Order

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The Vermont Senate will likely vote next week on a bill declaring that Vermont police agencies won’t enforce President Donald Trump’s immigration order, a key lawmaker said Tuesday.

“We’re not going to use local law enforcement or state law enforcement to carry out the president’s order on immigration,” said Senate Judiciary Committee chair ####### Sears (D-Bennington). “There’s a worry that Vermont police would be asked to enforce immigration law,” he added.

The president’s executive order, currently lifted as it is contested in court, halted the inflow into the United States of refugees and immigrants from seven Muslim-majority countries. Such an order mostly involves federal agencies, but Vermont officials fear the feds could rope in local police agencies to enforce the immigration decree. 

Sears said legislators are working with Gov. Phil Scott and Attorney General T.J. Donovan to craft the legislation, which emerged from a civil rights panel that Scott appointed last month. 

Sears said his committee would start debating the still-being-written bill Thursday morning and the full Senate could vote next week. The House is also expected to act on the bill.

Sears said he’s not concerned that Vermont could face financial consequences if the president threatens federal funding because other states, including California, are working on similar efforts.

“Are they really going to say, ‘We’re going to pull all federal funding from California if you don’t do this?’” he said. “I think the states banding together have a certain amount of power.”

 

http://www.sevendaysvt.com/OffMessage/archives/2017/02/07/vermont-senate-to-consider-bill-defying-trumps-immigration-order


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8 hours ago, CaliCat said:

Several states joined Washington and filed amicus curiae. Vermont could join them, but the government's case was defeated unanimously earlier today.

Was it defeated?  I didn't read the ruling, but from what I have heard, the 9th Circuit (overturned 80% of the time) did not rule on the constitutionality of the EO.

 

As to Vermont, isn't this sort of the polar opposite of what Arizona tried to do to enforce immigration laws?


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37 minutes ago, Bill & Katya said:

Was it defeated?  I didn't read the ruling, but from what I have heard, the 9th Circuit (overturned 80% of the time) did not rule on the constitutionality of the EO.

 

As to Vermont, isn't this sort of the polar opposite of what Arizona tried to do to enforce immigration laws?

 

It was in the news. The court ruled 3-0 against the ban, including on its constitutionality. The ruling is a 29-page document, so the decision was not taken lightly.

 

You're right. Vermont is going in the opposite direction as the one taken by Arizona. The supremacy clause (of the constitution) gave congress jurisdiction over immigration. Vermont is abiding by it, while Arizona did not.

 

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9 minutes ago, CaliCat said:

 

It was in the news. The court ruled 3-0 against the ban, including on its constitutionality. The ruling is a 29-page document, so the decision was not taken lightly.

 

You're right. Vermont is going in the opposite direction as the one taken by Arizona. The supremacy clause (of the constitution) gave congress jurisdiction over immigration. Vermont is abiding by it, while Arizona did not.

 

I am not sure.  It sounds like the 9th Circuit upheld the lower court's TRO only.  That doesn't sound like they answered the question regarding if the president (any president) has the constitutional power to actually follow the laws passed by congress.  I think that is why Trump said he would see them in court (paraphrasing) as the next logical challenge is a hearing by the full 9th circuit. 

 

You are correct about Vermont, they have no obligation to assist the federal government in immigration matters, but do they need a state law mandating that?

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First of all, I don't see how the Vermont police would have much to do with enforcing an immigration ban from seven countries.  Isn't that the job of the State Dept and CBP?

 

Although I am mostly a Trump supporter, I think this ban was poorly written and was largely grand standing on Trump's part.  The role out was a disaster and it seems CBP didn't know the details, making up the rules themselves and looking like idiots.  Current visa and green card holders should have been exempt.  Wouldn't it have been much easier to direct the embassies of these countries to put a temporary hold on issuing new visas?  Essentially all visa applicants get an automatic AP for 90 or 120 days.  Seems like a lot of MENA applicants get this anyway for unknown reasons. Don't think this would have required an executive order. 


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1 minute ago, Neonred said:

First of all, I don't see how the Vermont police would have much to do with enforcing an immigration ban from seven countries.  Isn't that the job of the State Dept and CBP?

 

Although I am mostly a Trump supporter, I think this ban was poorly written and was largely grand standing on Trump's part.  The role out was a disaster and it seems CBP didn't know the details, making up the rules themselves and looking like idiots.  Current visa and green card holders should have been exempt.  Wouldn't it have been much easier to direct the embassies of these countries to put a temporary hold on issuing new visas?  Essentially all visa applicants get an automatic AP for 90 or 120 days.  Seems like a lot of MENA applicants get this anyway for unknown reasons. Don't think this would have required an executive order. 

This is the main problem and I've been saying it from the beginning. It was a poorly, vaguely written EO,  when the mayor of NYC stood up and said the same I felt like I wasn't just being anti Trump. Things needed to be clearer.  Instead of fighting all the way to the Scotus, they should have been working on the system.

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6 minutes ago, Neonred said:

First of all, I don't see how the Vermont police would have much to do with enforcing an immigration ban from seven countries.  Isn't that the job of the State Dept and CBP?

 

Although I am mostly a Trump supporter, I think this ban was poorly written and was largely grand standing on Trump's part.  The role out was a disaster and it seems CBP didn't know the details, making up the rules themselves and looking like idiots.  Current visa and green card holders should have been exempt.  Wouldn't it have been much easier to direct the embassies of these countries to put a temporary hold on issuing new visas?  Essentially all visa applicants get an automatic AP for 90 or 120 days.  Seems like a lot of MENA applicants get this anyway for unknown reasons. Don't think this would have required an executive order. 

Exactly what I've been saying.

 

31 minutes ago, Bill & Katya said:

I am not sure.  It sounds like the 9th Circuit upheld the lower court's TRO only.  That doesn't sound like they answered the question regarding if the president (any president) has the constitutional power to actually follow the laws passed by congress.  I think that is why Trump said he would see them in court (paraphrasing) as the next logical challenge is a hearing by the full 9th circuit. 

 

You are correct about Vermont, they have no obligation to assist the federal government in immigration matters, but do they need a state law mandating that?

You would be correct, they did not rule on the constitutionality of it. For both the above quotes regarding the role of VT law enforcement this is from the article:

 

 Such an order mostly involves federal agencies, but Vermont officials fear the feds could rope in local police agencies to enforce the immigration decree. 

 

Basically, they are just trying to get ahead of something they fear might happen. 

 

4 minutes ago, Transborderwife said:

What are the chances of Gorsuch taking a seat before it gets to the SC?

They are definitely going to try, but there's also another option. They can always issue a new, fixed/modified/corrected EO and run with that one.


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5 minutes ago, Transborderwife said:

What are the chances of Gorsuch taking a seat before it gets to the SC?

Kind of stupid fighting this all the way to the SC.  Take the next 90-120 days to figure out the extreme vetting and move on.  He may lose out on the 120 day ban, but the end result will be the same.


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Just now, OriZ said:

Exactly what I've been saying.

 

You would be correct, they did not rule on the constitutionality of it. For both the above quotes regarding the role of VT law enforcement this is from the article:

 

 Such an order mostly involves federal agencies, but Vermont officials fear the feds could rope in local police agencies to enforce the immigration decree. 

 

Basically, they are just trying to get ahead of something they fear might happen. 

 

They are definitely going to try, but there's also another option. They can always issue a new, fixed/modified/corrected EO and run with that one.

The last would be the smarter option.  Hypothetical situation.  The SCOTUS without Gorsuch is deadlocked 4-4, does it die or go back to the 9th for a final ruling?  Trying to work out the semantics.

 

if Trump was truly evil, he'd have a false flag attack sometime soon.

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1 minute ago, Neonred said:

Kind of stupid fighting this all the way to the SC.  Take the next 90-120 days to figure out the extreme vetting and move on.  He may lose out on the 120 day ban, but the end result will be the same.

Yeah, and if something happens in the next 90 days he gets to blame the judge :D

 

He gets to tell people he at least tried to keep his promise but they stopped him, it's a win-win for him.


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1 minute ago, Neonred said:

Kind of stupid fighting this all the way to the SC.  Take the next 90-120 days to figure out the extreme vetting and move on.  He may lose out on the 120 day ban, but the end result will be the same.

Indeed I agree.  I said in another post the time he's wasting fighting things and vacationing on the weekends he could be working on his plan in the first place 

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1 minute ago, Transborderwife said:

The last would be the smarter option.  Hypothetical situation.  The SCOTUS without Gorsuch is deadlocked 4-4, does it die or go back to the 9th for a final ruling?  Trying to work out the semantics.

 

if Trump was truly evil, he'd have a false flag attack sometime soon.

As bcking and I discussed the other day, I believe if there's a tie then the 9th's ruling stands, and that is it. Bur not 100% sure.


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05/06/2016: One month late - overnighted form N-400.

06/01/2016: Original Biometrics appointment, had to reschedule due to being away.

07/01/2016: Biometrics Completed.

08/17/2016: Interview scheduled & approved.

09/16/2016: Scheduled oath ceremony.

09/16/2016: THE END - 4 year long process all done!

 

 

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