8 U.S. Code § 1182 - Inadmissible aliens (Read 13037 times)

London808

8 U.S. Code § 1182 - Inadmissible aliens
« on: January 28, 2017, 06:08:11 PM »
So we all know how i like laws and stuff Heres one for you guys, Disscuss.

8 U.S. Code § 1182 - Inadmissible aliens
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

suka

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #1 on: January 28, 2017, 07:17:07 PM »
Which species of aliens?


eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #2 on: January 29, 2017, 11:20:47 AM »
So we all know how i like laws and stuff Heres one for you guys, Disscuss.

8 U.S. Code § 1182 - Inadmissible aliens
(f) Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

Hmmm, will have to look at the rest of that chapter to see what types of limitations it places as well. For example, does he have to justify, and if so to who?What appeals process is there?

For those applying I think Trump has the authority to make the call on what countries and groups can be granted, but to those who have already been granted visas I have questions on whether he can usurp those permissions so simply. Otherwise, as I read the section, he could theoretically kick all aliens of any status out tomorrow.

London808

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #3 on: January 29, 2017, 12:30:31 PM »
Hmmm, will have to look at the rest of that chapter to see what types of limitations it places as well. For example, does he have to justify, and if so to who?What appeals process is there?

For those applying I think Trump has the authority to make the call on what countries and groups can be granted, but to those who have already been granted visas I have questions on whether he can usurp those permissions so simply. Otherwise, as I read the section, he could theoretically kick all aliens of any status out tomorrow.

That is correct, he could kick them all out tomorrow, If you are on a VISA you are a guest and that visa can be revoked at any time for any reason or no reason. If however they are a legal resident (like myself) then they would need reason to revoke my residency and i would have the protections afforded to me by the constitution (due process ect....)


It is not unusual for a consular officer to issue a visa, and after new information comes to light, to call the visa holder back to the consulate to revoke the visa. There are three primary situations when a visa can be revoked:
if the holder is inadmissible to the United States on security, criminal, medical, financial or other grounds;
if the holder of a nonimmigrant visa is not entitled to the visa because he does not meet the criteria for the visa category (Section 214(b)); or
if a potential reason for inadmissibility or ineligibility, usually involving law enforcement, is suspected (“prudential revocation”).

From 2001 to 2015, approximately 122,000 visas were revoked. During this time, use of the visa revocation process has intensified, with “prudential revocation” becoming more and more frequent.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #4 on: January 29, 2017, 07:48:45 PM »
Well that is good to know. My wife is a resident alien so I am glad for the distinction.

It does suck for those who may have just been returning on say a student visa or arriving for a marriage visa. I am sure the liberals are exaggerating what was really done but this executive order still has me worried.

Inspector

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #5 on: January 30, 2017, 06:46:13 AM »
I am prejudiced against green aliens. I admit it. I am a racist!  :D :D :D
SCIENCE THAT CAN’T BE QUESTIONED IS PROPAGANDA!!!

Surf

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #6 on: January 30, 2017, 08:52:59 AM »
It's ironic how President Trump basically signed an executive order that allows LE agencies / entities to actually enforce existing laws that are already on the books.  Laws that are either in part or in whole,  recent, relevant and realistic to this place in time.  He did not create these laws and is not setting guidelines that agencies MUST follow, but allowing LE agencies to be unbridled by politicians (ie. Obama) to fairly apply the existing laws within the discretion that they are allowed to operate within.  You know to allow them to actually do the jobs that they swore to do.  President Trump is NOT creating law and if he were to attempt that, then we need to take him to task over it.  If people are currently operating within the framework of the laws then they have zero to fear.  This isn't black booted thuggery, nor is it brown shirt power leading us down a path to Nazism.  It is AMERICA and laws that reasonable AMERICANS put into place to guess what?  PROTECT AMERICANS!   

Now for President Trumps order for a temporary stay on immigration is nothing different than what Obama and Hillary did and well within his legal or Presidential authority to protect UNITED STATES CITIZENS.  Hell even the Dems put a moratorium on Immigration for a LONGER period of time than the current stay on immigration that President Trump imposed.  When the Dems do it, HOOORAY, but when the Republicans do it all of a sudden it is evil?  Following the laws and stopping the flood of ILLEGAL's into the US especially during a time of war, international conflict and a total conflagration of extremist terrorism sworn to destroy western culture and religion seems well within reasonableness and should have been done A LONG TIME AGO.  The will for self preservation of our society dictates the we take sensible and REASONABLE actions to protect OUR COUNTRY and our legal US CITIZENS and those LEGAL within our territories.  This should be PRIORITY ONE!  We are THE MOST giving country when it comes to helping out others, but about THE WORST when it comes to protecting our borders and placing our LEGAL citizens FIRST. 

Kicking out CONVICTED criminal's who are here ILLEGALY, I don't even call them immigrants because they aren't, and finally placing a hold on immigration on certain regions of the world, at least until we can get a time to gather reasonable steps to control the open in and out flow of NON UNITED STATES peoples, MUST be done!  This should carry bi-partisan support and not a political tool to drive divisiveness between Americans for political gain.  I DON"T GIVE A FLYING FUCK if people don't like it because they hate President TRUMP.  They should love America more and understand what is reasonable to protect our way of life and yes, LEGAL IMMIGRATION is a key part of it.  How the hell can anyone not be OK with that? 

If the Dems won the office of the President, I would have expected them to do the same things, but the Democrat party is so infected with far leftism, that they really are radical's disguised as Democrats.  I don't know how the Democrat party became such an aberration of what it once was.  The Democrat party is such a joke these days in that it is simply a disguise for other radical persons to spew their radical political ideals that are wholly contrary to the foundation of America itself.  There are so many good American people who are being duped by the current Democrat establishment that they let political affiliation blind them from what is really happening.  This is the epitome of what happens here in Hawaii.  Too many long term entrenched Democrats who cannot see beyond the (D) next to a politicians name when it comes time to vote.  Sickening. 

eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #7 on: February 06, 2017, 11:11:57 AM »
That is correct, he could kick them all out tomorrow, If you are on a VISA you are a guest and that visa can be revoked at any time for any reason or no reason. If however they are a legal resident (like myself) then they would need reason to revoke my residency and i would have the protections afforded to me by the constitution (due process ect....)


It is not unusual for a consular officer to issue a visa, and after new information comes to light, to call the visa holder back to the consulate to revoke the visa. There are three primary situations when a visa can be revoked:
if the holder is inadmissible to the United States on security, criminal, medical, financial or other grounds;
if the holder of a nonimmigrant visa is not entitled to the visa because he does not meet the criteria for the visa category (Section 214(b)); or
if a potential reason for inadmissibility or ineligibility, usually involving law enforcement, is suspected (“prudential revocation”).

From 2001 to 2015, approximately 122,000 visas were revoked. During this time, use of the visa revocation process has intensified, with “prudential revocation” becoming more and more frequent.

After reading further on this story it does appear that individuals with green cards and resident statuses were blocked from re-entering the country.

I checked the definition of a visa and it appears to encompass both visitors and legal resident aliens. Given this, it would appear that under that law you cited even someone of your status could have their green card (visa) revoked for whatever reason the president felt valid. No distinction is made in the inadmissible aliens section about what form of visa someone is issued.

I find this worrisome.

drck1000

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #8 on: February 06, 2017, 03:19:33 PM »
After reading further on this story it does appear that individuals with green cards and resident statuses were blocked from re-entering the country.

I checked the definition of a visa and it appears to encompass both visitors and legal resident aliens. Given this, it would appear that under that law you cited even someone of your status could have their green card (visa) revoked for whatever reason the president felt valid. No distinction is made in the inadmissible aliens section about what form of visa someone is issued.

I find this worrisome.
It is my understanding that U.S. Code Law 1182 was passed in 1952 by a DEMOCRATIC House.  As in, before Trump.  Didn't hear many people discussing this law before 2017.  Why people are bitching and moaning about the implementation of a law that was passed decades ago like it's something that Trump pulled out of his ass is beyond me.  Why people bitch and moan about implementation of any law really is beyond me. 

macsak

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #9 on: February 06, 2017, 03:29:22 PM »
It is my understanding that U.S. Code Law 1182 was passed in 1952 by a DEMOCRATIC House.  As in, before Trump.  Didn't hear many people discussing this law before 2017.  Why people are bitching and moaning about the implementation of a law that was passed decades ago like it's something that Trump pulled out of his ass is beyond me.  Why people bitch and moan about implementation of any law really is beyond me.

https://www.facebook.com/stacyjayhawk/videos/1281915515154550/
when bill clinton wanted to build a wall and kick out illegals

drck1000

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #10 on: February 06, 2017, 03:32:22 PM »
https://www.facebook.com/stacyjayhawk/videos/1281915515154550/
when bill clinton wanted to build a wall and kick out illegals
Well, didn't want to him with anything recent. . . [sarcasm off]

 ;D

Rocky

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #11 on: February 06, 2017, 05:43:02 PM »
Arizona Aliens
Illegal Immigrants protesting.  :wtf:
You're not a citizen with US Citizenship so how the fu5 can you protest much less not get arrested ?  :wacko:
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

Rocky

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #12 on: February 06, 2017, 05:44:56 PM »
And how about Commie-fornia's upcoming " just need a drivers license to vote" ( again,  :wtf:)
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #13 on: February 07, 2017, 07:19:18 AM »
It is my understanding that U.S. Code Law 1182 was passed in 1952 by a DEMOCRATIC House.  As in, before Trump.  Didn't hear many people discussing this law before 2017.  Why people are bitching and moaning about the implementation of a law that was passed decades ago like it's something that Trump pulled out of his ass is beyond me.  Why people bitch and moan about implementation of any law really is beyond me.

I would bet that the vast majority of Americans had no idea that the president could kick out all non citizens for whatever reason they feel like it.

drck1000

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #14 on: February 07, 2017, 07:55:14 AM »
I would bet that the vast majority of Americans had no idea that the president could kick out all non citizens for whatever reason they feel like it.
Truth be told, I didn't until I started looking into this further, for MYSELF.  That is the key point here.  Too many people getting all riled up, protesting, whatever based on what people tell them.  Be it MSM, FB, friends, enemies, whatever.  It amazes me how many people don't realize how hypocritical they are being.  They are just looking for any reason to protest Trump, but they are really protesting what Obama and others have passed into law years before.  They didn't seem to have a problem with it then. . .  It is also my understanding that the statue allows for review, revocation, etc of visas, which could have been done at anytime given this law that passed in the 1950s.  Yes, it may affect people from certain countries disproportionately, but what is more important here?  Taking a pause to better evaluate immigrants isn't a bad thing.  Visas in general can take many years in some cases anyways. 

That said, maybe a "good" thing to keep those people focused on essentially a non-issue. 

eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #15 on: February 07, 2017, 08:48:44 PM »
Truth be told, I didn't until I started looking into this further, for MYSELF.  That is the key point here.  Too many people getting all riled up, protesting, whatever based on what people tell them.  Be it MSM, FB, friends, enemies, whatever.  It amazes me how many people don't realize how hypocritical they are being.  They are just looking for any reason to protest Trump, but they are really protesting what Obama and others have passed into law years before.  They didn't seem to have a problem with it then. . .  It is also my understanding that the statue allows for review, revocation, etc of visas, which could have been done at anytime given this law that passed in the 1950s.  Yes, it may affect people from certain countries disproportionately, but what is more important here?  Taking a pause to better evaluate immigrants isn't a bad thing.  Visas in general can take many years in some cases anyways. 

That said, maybe a "good" thing to keep those people focused on essentially a non-issue.

I am married to an alien. She has a green card and permanent residency and she is from a  country that the US is on good terms with but the fact the president could suddenly, and without reason, revoke her status and order her to go back worries me. What if Trump on some dumb whim decides he doesn't like that country and tries to deport my wife? What if they didn't like London808 challenging the rap back system and decided he had to leave? I wouldn't have been ok with that if I had known it 10 years ago. Do you see how easy it would be to abuse this power? I think the legal challenges currently facing Trump's EO may end up finding limits to what the law allows the president to do but we will have to see how that goes.

I have no problem with re-evaluating the vetting process. I would have even been ok with a halt on new visas, but when people with green cards were denied re-entry it can leave a lot of innocent people in a tough situation. They might not have anywhere to stay, they might lose their jobs, etc etc etc. This whole thing was played out poorly.

London808

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #16 on: February 08, 2017, 05:33:33 PM »
I am married to an alien. She has a green card and permanent residency and she is from a  country that the US is on good terms with but the fact the president could suddenly, and without reason, revoke her status and order her to go back worries me. What if Trump on some dumb whim decides he doesn't like that country and tries to deport my wife? What if they didn't like London808 challenging the rap back system and decided he had to leave? I wouldn't have been ok with that if I had known it 10 years ago. Do you see how easy it would be to abuse this power? I think the legal challenges currently facing Trump's EO may end up finding limits to what the law allows the president to do but we will have to see how that goes.

I have no problem with re-evaluating the vetting process. I would have even been ok with a halt on new visas, but when people with green cards were denied re-entry it can leave a lot of innocent people in a tough situation. They might not have anywhere to stay, they might lose their jobs, etc etc etc. This whole thing was played out poorly.

Your mistaken, Its been ruled that Green card holders (legal residents/aliens) are granted constitutional rights and as such i couldn't be deported or stooped from entering the country Without DUE PROCESS. (if i was from a baned country ect...) They can however as they did in this case add extra requirements, basically another background check on those who have left and reentered the country under the green card program.

Your understanding shows everything that is wrong with America. Which is that most people make assumptions based on something they heard but dident understand .
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #17 on: February 08, 2017, 08:48:23 PM »
Your mistaken, Its been ruled that Green card holders (legal residents/aliens) are granted constitutional rights and as such i couldn't be deported or stooped from entering the country Without DUE PROCESS. (if i was from a baned country ect...) They can however as they did in this case add extra requirements, basically another background check on those who have left and reentered the country under the green card program.

Your understanding shows everything that is wrong with America. Which is that most people make assumptions based on something they heard but dident understand .

That's so uncharacteristic for someone who wants only facts and the truth!

 :rofl:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #18 on: February 10, 2017, 08:34:29 AM »
Your mistaken, Its been ruled that Green card holders (legal residents/aliens) are granted constitutional rights and as such i couldn't be deported or stooped from entering the country Without DUE PROCESS. (if i was from a baned country ect...) They can however as they did in this case add extra requirements, basically another background check on those who have left and reentered the country under the green card program.

Your understanding shows everything that is wrong with America. Which is that most people make assumptions based on something they heard but dident understand .

The law you posted doesn't differentiate between people with resident status and other types of visas, that is what I was going off of. I didn't assume anything, I saw the quote you posted and I looked it up in the federal code and confirmed it. Now you are saying that green card holders have a due process right, but where is this? I could take your word for it but I don't want to make an assumption off of something I just heard.

This executive order was implemented quickly and without much guidance for the agents on the ground on how to carry it out. White house officials said it doesn't affect green card holders from the 7 banned countries then later said it did. There were reports of people with green cards who were denied entry. The situation may have been rectified after the White House had to do clean up duty over this mess.

London808

Re: 8 U.S. Code § 1182 - Inadmissible aliens
« Reply #19 on: February 11, 2017, 09:55:41 AM »
The law you posted doesn't differentiate between people with resident status and other types of visas, that is what I was going off of. I didn't assume anything, I saw the quote you posted and I looked it up in the federal code and confirmed it. Now you are saying that green card holders have a due process right, but where is this? I could take your word for it but I don't want to make an assumption off of something I just heard.

This executive order was implemented quickly and without much guidance for the agents on the ground on how to carry it out. White house officials said it doesn't affect green card holders from the 7 banned countries then later said it did. There were reports of people with green cards who were denied entry. The situation may have been rectified after the White House had to do clean up duty over this mess.

You can find it here http://bfy.tw/A2Eo
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016