Microsoft working with Washington State on suit against Trump immigration order
reuters.com
reuters.com
Which is why Obama sued Arizona when their governor signed the law to essentially enforce the existing federal laws lol.
tl;dr if I'm reading right: Texas and 26 other states sued the federal government over Obama's DAPA executive order. The district court said Texas had standing and issued a preliminary injunction against DAPA. The court of appeals also said Texas had standing and affirmed the injunction, and SCOTUS 4-4 did not reverse them. (Alas, poor Merrick!)
All I heard was crickets.
In this case, we have 7 countries already designated as requiring enhanced vetting due to terrorist concerns.
Suddenly, outrage.
What about the other guys? They're from countries that actively sponsor terrorism or who can't properly vet people.
And what about the chaos at the airports for the Cubans when Obama's order went out?
http://www.elnuevoherald.com/noticias/sur-de-la-florida/arti...
http://www.diariolasamericas.com/florida/cubanos-visas-turis...
http://www.martinoticias.com/a/cuba-deportan-cubanos-llegan-...
Things have been heading this way since the end of the Cold War. Once the Berlin wall came down, there was no longer an external "enemy" to rally against, so a new one had to be invented. Unfortunately, that ended up being an "other" internal to the same country. It feels like this internal schism finally reached a boiling point in the most recent election. People I normally think of as reasonable are angry and unwilling to listen to rational thought. There is nowhere left to turn for cooler heads. I am afraid of where it all is going from here.
I know people who have to fly back to their home country yearly as part of the process of maintaining their visa, and live in fear it won't be approved. And they aren't even from the mid-east, where the standards are harsher. It's not a fair comparison.
If so, you are greatly overstating the bad effects of ending that policy.
First of all, that was not the only way Cubans could apply for refugee status. All other paths to refugee status are still open to them. All that is ending is giving them a special path.
Second, its use had dropped way off over the last several years. Most Cubans who come to the US without visas, as refugees or otherwise, come over land through Mexico now. (Cuba has greatly eased travel restrictions).
Third, most Cubans who come over now are not coming as refugees. They are coming for jobs, or to visit family, or access American welfare programs. In short, they are coming for the same reasons that Mexicans come. If they use "wet food, dry foot" it is more likely to be as a way to jump the line than as a way to escape oppression.
Here's an article from National Review about why this program had outlived its usefulness: http://www.nationalreview.com/article/429939/cuban-immigrati...
http://www.mysanantonio.com/news/world/article/Mexico-return...
We think, and rightly so, that we can do more for Cubans by opening our economies now than we can by continuing the status quo. Part of that is shutting off the valve for refugees.
They're desperate and someone should help them, but the US doesn't owe these people anything, so unless we are sending them straight to death camps or shooting them right off the boat/plane, the twitter-verse is making a lot of people act like fools by acting like everyone agrees that these people have all rights outlined in the constitution.
That said, we should help these people as best we can, but a permanent home in the US for any people that have no love for our laws, our people or constitution doesn't do them or us any favors by letting them stay permanently. The question is, who wants to conform to our way of life and who doesn't? Can we keep inviting everyone in unconditionally before we pay a very serious price?
except for those Green Card holders and citizens returning from these countries who have a not unreasonable expectation that we gave them that they have a home here (and mostly, already, have a life here), right?
[0]http://www.cnn.com/2017/01/29/politics/donald-trump-travel-b...
[1] https://www.us-immigration.com/us-immigration-news/us-green-...
Because that's not how America advertises itself. But maybe you don't want an America with rights, you want a fascist America that everyone else hates so you can start another "war on terror" and Trump and Bannon can grab even more emergency powers.
2. When Anne Frank's parents tried to get to the US between 1939 and 1941, the US certainly did not send them straight to death camps. The Final Solution wasn't even decided until 1942. Anne Frank wasn't arrested until 1944.
3. If the standard for US residence is love for our laws and conformity to our way of life, we need to come up with a good explanation for the special case where people born in the US are allowed to stay without vetting upon adulthood.
1. Rudy Giuliani is on record as saying that Trump asked how to 'legally' implement the Muslim ban he promised in the campaign trail, and that this executive order is the result. Even if the end result isn't a blanket ban on all Muslims, the intent remains.
2. International law, and treaties that the US have signed, oblige them to shoulder some of the collective responsibility for refugee resettlement in the international community. Banning refugees based on their country of origin works against that, and may well be illegal.
Legal issues are well beyond the area of my expertise, so I have no idea if Trump's recent actions contravene this per se, but the point is that we do have some obligation to help refugees under international law.
It's on his website.
You can renounce an international treaty easily enough. In fact I'd say the refugee convention is well based it's use by date. I't basically only accepted by the western world when there are many countries that would be better positioned to accept the current refugee population.
You realize both of these can be true right? I flew out of BWI last night on Delta. There were hundreds of protesters at the airport, but they didn't delay us.
We did have to wait 4 hours for the Delta computer systems in Atlanta to be restored to service.
Hi -- there's a very important piece of information missing from your take, and I think it might make a difference to you: not only are refugees being stopped from entering the United States. Regular people who already live here legally (many of whom aren't refugees) are being stopped too.
All citizens of the countries listed, even those who have lived in the USA for years legally on visas, even those who are legal permanent residents, are not allowed to enter the USA. They are not even allowed to be routed through it in most cases. These people are detained on entry, handled as criminals, many questioned for hours, and several have been given forms that, when signed, revoke their residence permanently. Then they are sent back.
This means professors, doctors, students, scientists, and lots of regular people who have lived legally in the USA for years, some for decades, many of whom think of themselves as American first. If they're inside the US, they're now effectively stuck inside. If they're outside, they're now stuck outside for 3 months minimum -- it could go longer, if their country doesn't introduce sufficient "vetting" in response, and provided nothing new stops them.
Regular people who aren't trying to escape anything, who aren't trying to join the country, who ALREADY live here, are now homeless, forced to go to other nations, and dealt with as criminals if they try to come home to America.
(also, while there were computer problems again, there were also many real protests at major airports)
If anything, HN benefits from diverse viewpoints as long as they're expressed thoughtfully and respectfully.
It'll start with this 90 day Muslim ban and devolve into something much longer and much worse.
Legally, it could be, but politically, it probably won't.
This temporary ban is political theatre.
First - migrants from different parts of the world already face very different degrees of scrutiny - this has been ongoing for a very long time, certainly under Obama etc.. - so the issue of 'national discrimination' will hold up under legal pressure, I think.
Second - the commenters point is pragmatically valid because this exec order is a political means for Trump to show that 'he's doing what he said he would do' and to give impetus to his base. That's mostly it. It's not a real operational measure.
After 90 days, Trump will declare that 'we've made changes to the vetting process and have 'extreme vetting' (even though there was already 'extreme vetting' under Obama) - and this will be over.
Caveat - your point about Iran is valid - but Iran is a very different country than the others, and is on the list for different reasons.
I believe that stronger restrictions may be put in place for Iranian citizens after 90 days - this is the beginning of the 're-establishment' of a new Iran-USA relationship which will go in the opposite direction Obama had it going in, for better or worse. Probably worse, but hey. Remember that Trump promised to 'end' the deal that Obama made with Iran - and this ban is going to be part of Trump's 'negotiating process', if you can call it that.
It may be worthwhile to legally challenge the order anyhow - for local political reasons (institutions and governments want to seem like they are 'doing something about this injustice) - but also to make sure that, as you say, this could go on for longer than 90 days - but I doubt that.
Anyhow - it's important to look at this from a political perspective as much as a legal one, because the game that's being played is mostly political.
You could be right, but I'll bet $1000 that almost all of this is going to be legally moot in 90 days.
Listen, I don't like Trump, but I think we have to sit outside the political game to see it clearly.
It would also establish precedent against a new ban of this sort being established.
That was enough to stay execution for people who had already arrived in the US or were in transit at the time of the ruling. If Microsoft gets just a stay for future travelers within even a few weeks, that will be enough to allow them to continue business while fighting the legality of the order itself in the courts.
I'd guess they can also seek penalties or restitution.
"In what is a dark, and fascist time in Trump's America, brave companies like Microsoft and Amazon and standing up to the Orange Dictator in a brave cry for Freedom" and yadda yadda.
Also, they want to make sure they don't lose out on any future prospects to the competition - can't have too many college grads deciding getting a green card in America isn't worth all the vitriol and hatred being spewed at you by the Administration and starting their own companies or going to the competition, I imagine.
It is not a religious ban, and it's not a blanket ban. Most people so far delayed have been cleared for entry.
http://www.politifact.com/truth-o-meter/statements/2017/jan/...
[1] https://www.washingtonpost.com/news/fact-checker/wp/2017/01/...
Is this "I'm a christian so please let me in" or "I'm a christian/wrong kind of muslim (sunni vs shiite) and facing persecution so please let me in"?
Furthermore, it is not clear that the Sunni/Shia split meets the standard defined in this document (though I agree that it absolutely should).
No other reason for persecution is stated. Text:
(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.Can we please not allow HN to become the type of place where garbage like this is allowed? Pointing out bias is one thing, but the campaign against reputable news sources is ridiculous. If you believe they are wrong then provide evidence, any sort of alternative viewpoint.
The wholesale writing off of news (previously reputable) news organizations is nothing more than a brazen attempt to weaken trust in the media and remove their ability to act as a check on government actions. The washington post is "fake news", they can't be trusted, the story they just broke which is clear and reliable evidence of watergate level misconduct is obviously a lie.
Several courts have already found that the ban is likely arbitrary or capricious. In other words, the order appears to have been made on unreasonable grounds or without proper consideration.
*Some provisions apply to "citizen" while others, including the 14th amendment, apply to "all persons."
"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
People not within our borders that are not also citizens are not within the US's jurisdiction, and those are not afforded the same protection under the Constitution.
Also yes, the Constitutional status of foreign nationals in U.S. custody within and without U.S. territory is a much litigated rabbit hole.
i think that's an assertion that a judge would have to establish.
the states sued obama over immigration issues and got a 4-4 scotus decision.
It's a 90 day ban on certain countries followed by an permanent ban by countries that don't meet as-yet-unspecified information sharing standards.
Plus some other parts (like the complete refugee ban) with different timelines.
> How fast can a lawsuit reach the courts?
Pretty near instantly.
> It'll be over before it goes to trial.
Perhaps (or, more likely, the parameters and legal issues will shift before that happens), but that just means that getting a TRO pre-trial may be as good as prevailing at trial, as far as the initial 90 day ban policy is concerned.
"Complete" ban on any excess over 50,000 refugees within FY2017.
Cheap-labor is the only reason any of these companies gives a rat's-ass about the 90day travel restrictions. President Obama signed heavy travel-restrictions into law in 2015, not a peep from this forum. Not a peep from Microsoft. Not a peep from Amazon.
But all of a sudden, NOW we care! Yeah right...
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http://www.cnn.com/2017/01/29/politics/how-the-trump-adminis...
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> In December 2015, President Obama signed into law a measure placing limited restrictions on certain travelers who had visited Iran, Iraq, Sudan, or Syria on or after March 1, 2011. Two months later, the Obama administration added Libya, Somalia, and Yemen to the list, in what it called an effort to address "the growing threat from foreign terrorist fighters."
> The restrictions specifically limited what is known as visa-waiver travel by those who had visited one of the seven countries within the specified time period. People who previously could have entered the United States without a visa were instead required to apply for one if they had traveled to one of the seven countries.
> Under the law, dual citizens of visa-waiver countries and Iran, Iraq, Sudan, or Syria could no longer travel to the U.S. without a visa. Dual citizens of Libya, Somalia, and Yemen could, however, still use the visa-waiver program if they hadn't traveled to any of the seven countries after March 2011.
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Trump's order is much broader. It bans all citizens from those seven countries from entering the U.S. and leaves green card holders subject to being rescreened after visiting those countries.
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President Trump may have enhanced the restrictions, but he's not the President that enacted them. Where were you Armchair Justice Warriors then? You sure weren't here posting about the -exceedingly heavy- restrictions in 2015. Nope, not a single one of you...
Interview tip: Come in knowing C++ and your interviewer will be impressed (assuming the team uses it).
(Unless, of course, the replacement of competent workers with incompetent ones causes the economy to shrink, which now that I think about it is pretty likely.)
In practice, I'm unconvinced. Tech companies succeed when they put quality over quantity, and demand for high-quality engineers simply exceeds the quantity put out by our universities.
We aren't hiring H1Bs for cheap labor, we're poaching the best from other countries. Hiring more lower-quality local talent is not equivalent.
Edit because I hit the post limit, in response to a comment on the idea that they are mostly poaching top talent from other countries: In reality, most are either low pay low skill workers for contracting companies like Infosys (largest employers of H1Bs), or fresh grads that are cheaper and less risky to train (because they, in a sense, own them).
Edit edit for serge2k: If you're so great, then I'm sure they won't mind paying extra for you when the visa party is over.
I'm sure Brin showing up in person at the protests was totally because a couple hundred google employees getting screwed is going to drastically raise salaries.
As for people less competent then me. Maybe they should focus more on improving their skills than on how they are getting fucked by immigrants. Guess what, you'll still be whiny losers if they toss out the H-1Bs tomorrow. You'll still be whiny losers if they start tossing out green card holders.
You know why? Because you whine instead of going out and figuring out what you actually need to do in order to get a job.
In particular, eligibility for work visas actively selects for non-dumbness: you have to get hired for a job. Eligibility for birthright citizenship does not. So there are solid reasons to believe that immigrants to a country (any country) are statistically less dumb than native citizens.
Immigrants also necessarily have more life experiences and more personal knowledge of people of different backgrounds and origins, which makes them less likely to be ignorant and bigoted, too.
All I was saying is that the parent comment was racist.
Let's not abuse the term 'racism'.
So it's no surprise that Microsoft are coming out on the side of their employees, and indeed on the benefits of immigration in general - I know from being tangentially involved in some of the hiring process that it's exceedingly difficult to fill certain positions without looking abroad, as the talent is spread globally.
Why not train people to fill those positions? That then creates a process for filling the positions again in the future, instead of having to constantly return to the job market.
It also gives employees a career track and aspirations, instead of having outsiders ( irrelvant whether from other companies or countries ) air-dropped into juicy positions.
what makes you assume "cheap"?