
Aziz V. Trump: CrowdJustice Launches in the US - dbuxton
https://www.crowdjustice.org/blog/launching-in-the-us/
======
rayiner
I've got a good feeling about this suit. The Supreme Court precedent on this
is quite clear: permanent residents have a right to due process before they
are excluded from entering the United States:

> This Court has long held that an alien seeking initial admission to the
> United States requests a privilege and has no constitutional rights
> regarding his application, for the power to admit or exclude aliens is a
> sovereign prerogative. As we explained in Johnson v. Eisentrager, 339 U. S.
> 763, 770 (1950), however, once an alien gains admission to our country and
> begins to develop the ties that go with permanent residence, his
> constitutional status changes accordingly. Our cases have frequently
> suggested that a continuously present resident alien is entitled to a fair
> hearing when threatened with deportation, and, although we have only rarely
> held that the procedures provided by the executive were inadequate, we
> developed the rule that a continuously present permanent resident alien has
> a right to due process in such a situation.

 _Landon v. Plasencia_ , 459 U.S. 21, 33 (1982) (citations omitted).

That applies even after leaving and returning to the country:

> Any doubts that Chew recognized constitutional rights in the resident alien
> returning from a brief trip abroad were dispelled by Rosenberg v. Fleuti,
> where we described Chew as holding "that the returning resident alien is
> entitled as a matter of due process to a hearing on the charges underlying
> any attempt to exclude him." 374 U.S., at 460.

The wrongfulness of excluding permanent residents at the border without
individualized process is so plain that the White House ultimately backed away
from that interpretation of the order last night. But in the meantime, CBP
violated the Constitutional rights of a number of green card holders.

Also, the facts are bad for the government:
[https://www.crowdjustice.org/case/dullesdetainees](https://www.crowdjustice.org/case/dullesdetainees)
("We filed originally on the evening of January 28th, asking Judge Brinkema to
issue a Temporary Restraining Order to stop deportations from Dulles and to
ensure those detained were provided lawyers. That order was granted almost
immediately, but Customs and Border Protection officers at Dulles refused to
comply.").

It is very possible that even individual CBP officers will be held liable for
those violations. Ordinarily, officers are protected by qualified immunity for
actions taken under the color of law. But qualified immunity does not apply
where the right was not "clearly established." Usually, that is a big hurdle
in these sorts of lawsuits, but here there is squarely-applicable Supreme
Court precedent.

~~~
hrodriguez
Due process may still hold true (idk, inal, sounds about right) but there are
a number of long-standing regulations governing re-entry. Let's not overlook
the fact that there _are_ regulations in the US regarding re-entry for green
card holders which sound very reasonable to me - especially when compared to
immigration law in other countries.

* have abandoned or relinquished your status as a lawful permanent resident

* have been absent from the U.S. for a continuous period of over 180 days

* engaged in illegal activity after leaving the U.S.

* left the U.S. while in removal or extradition proceedings

* committed one of the crimes named in § 212(a)(2) of the I.N.A. (such as one crime of moral turpitude (CMT), a drug or trafficking crime, multiple crimes, prostitution, money laundering, security violations, and so on), unless later granted relief under Section 212(h) or 240A(a)...

* are attempting to enter at a time or place other than as designated by immigration officers.

* if you have any criminal violation on your record, you should not leave the U.S. without consulting with an experienced immigration attorney first.

* it's a crime for immigrants not to submit immediate notifications to U.S. Citizenship and Immigration Services (USCIS) of their changes of address.

The one that confuses me a bit is " _are attempting to enter at a time or
place other than as designated by immigration officers_ ".

Now, the issue of allowing re-entry from a very limited list of countries that
are hotbeds of religious terrorism when the vetting process is suspect. That's
the focus here.

~~~
tptacek
Here's a good article on the legal fine points:

[http://mimesislaw.com/fault-lines/trump-exceeds-his-
plenary-...](http://mimesislaw.com/fault-lines/trump-exceeds-his-plenary-
immigration-authority/15790)

~~~
rayiner
That's an excellent article, thanks.

~~~
tptacek
All I do is follow Popehat and read every link he warmly retweets. Seems to be
working well. :)

------
jkterhune
Any advantage to donating via crowdjustice.org instead of directly at LAJC's
site? [https://www.justice4all.org](https://www.justice4all.org)

------
xcavier
CrowdJustice brings to mind angry mobs and vigilantism. No doubt a good cause
but odd optics...

------
poseid
just in general it would be interesting to see a collection of law suits that
the billionaire president lost. probably not much of this public (and most
processes might have ended with some kind of settlements)

------
throwaway37482
Yemen is not in Africa.

~~~
juliasal1111
Hi, Julia, CrowdJustice CEO here - have edited for clarity.

Happy to answer any questions! And can pass on specific questions about the
case to LAJC too.

