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Mon Dec 2, 2019, 01:13 PM

Kobach: Activist Judge Negates One of the Oldest Rules of U.S. Immigration Law

In implementing his immigration policies, President Trump has repeatedly faced opponents even more powerful than congressional Democrats—activist federal judges.

A few days ago, it happened again. Judge Michael Simon of the U.S. District Court for the District of Oregon issued a decision halting the Trump Administration’s policy of denying visas to aliens who do not have, or cannot afford, health insurance.

Judge Simon’s decision was an extraordinary example of judicial activism. In order to issue his decision, he had to sweep aside one of the oldest rules in U.S. immigration law—the public charge doctrine. The doctrine is that an intending immigrant who is likely to become a burden on the citizens of the United States—a public charge—must be barred from entry.

The doctrine dates all the way back to the colonial period. It first appeared in 1645 in the laws of the Massachusetts colony. Other colonies would later enact similar laws. After independence, state-level immigration laws enforced the doctrine. In the Immigration Act of 1882, Congress for the first time placed the doctrine in federal law, excluding any immigrant “unable to take care of himself or herself without becoming a public charge.”

In 1996, Congress re-codified this age-old doctrine. 8 U.S.C. § 1182(a)(4)(A) now states: “Any alien who, in the opinion of the consular officer at the time of application for a visa … is likely at any time to become a public charge is inadmissible.”

MORE: https://www.breitbart.com/politics/2019/11/30/kobach-activist-judge-negates-one-of-the-oldest-rules-of-u-s-immigration-law/

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Reply Kobach: Activist Judge Negates One of the Oldest Rules of U.S. Immigration Law (Original post)
JanetS Dec 2 OP
Gunslinger201 Dec 2 #1

Response to JanetS (Original post)

Mon Dec 2, 2019, 02:02 PM

1. District Judges shouldnt be making National rulings

How is this happening?

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