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Comment by ceejayoz | Hacker News Reader

A judge has already blocked the move.

https://www.nbcnews.com/politics/immigration/judge-blocks-tr...

> A federal judge in California has blocked the Trump administration from terminating the legal statuses of international students at universities across the U.S.

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I don't think this decision can force the Department of State to issue new visas for Havard students unfortunately. At least existing students *might* be alright...

This is not the same issue. Judges can be fast, but not that fast. Both the decision and this action against Harvard happened within an hour of eachother.

> This is not the same issue.

It is not, but it isn't unrelated; this is about the individual actions for which Harvard's refusal to assist by proactively supplying information is the basis for the action against Harvard.

I believe they've taken a different tactic here - attacking Harvard's ability to enroll international students, not the students' status directly.

The article states "existing foreign students must transfer or lose their legal status"; this injunction would appear to pause that.

The semester is already over, many of them went home. They'll simply be refused when they try to come back.

That's a real issue. If you're on a student visa, and were planning on coming back in the fall, leaving the US for the summer may be a bad move. Entry to the US can be denied arbitrarily. Deporting someone is harder.

> Deporting someone is harder.

It used to be harder and mostly seems to be a matter of ICE finding the right door to break down now.

Or the wrong one.

They've got a deportation order, so somebody is being put on a plane to El Salvador. Whether the name of the person being deported matches the name on the deportation order is another question, but not one ICE seems bothered by anymore

Undergrad Buttle better watch out...

You mean Tuttle, right? ;-)

Deporting someone is just a matter of grabbing them off the street and shipping them out to El Salvador before the courts hear anything about it.

Not only refused, they may be locked up for a couple of weeks, as has happened to various tourists.

Sure, I was locked up by DHS/immigration, and I am a US citizen. CBP/ICE/HSI doesn't really need much of anything to lock you up, when they did it to me they told me I wasn't even under arrest.

> Sure, I was locked up by DHS/immigration, and I am a US citizen.

Can you expand - what happened?

IANAL but there are different categories like "detained" [reasonable suspicion, for questioning] and "arrested" [probable cause], and that's why the common advice is to just ask "am I free to go", which doesn't get bogged-down on finer-grained distinctions about why you might no be.

Yes chained ("detained") in a jail cell, but not arrested, so no right to lawyer.

It’s hard to do an injunction if there is currently no harm.

ICE begs to differ.

What judges say doesn't matter anymore to this administration. They'll just implement it anyway.

The house republicans have passed a bill that in effect lets Trump override the courts: https://robertreich.substack.com/p/the-hidden-provision-in-t...

Presumably you mean it would if it were passed into law. The House passes all sorts of bullshit that dies in the Senate.

Hopefully it dies, but republicans do have a senate majority too.

They don’t have 60 senators which is required to pass anything besides the budget these days thanks to the filibuster.

This is the budget reconciliation bill.

And thus it can only be used to pass legislation that impacts the federal budget according to the reconciliation rules. I don't see how the house putting in a provision that doesn't impact the budget but strips judges of a power could fly with the reconciliation rules. But I'm not a lawyer or legislative rules expert

The Republicans already ignored the parliamentarian ruling they couldn't use reconciliation to prevent California from setting a combustion engine sunset date.

If Republicans believe they will never lose the Senate, they can easily bypass the filibuster without 60 votes. To date, the adults in the room prevented either party from doing this for short term wins, but a) there are no adults in the room and b) it’s arguable the Senate will never again have a non-Republican majority (demographically, not a conspiracy theory).

I remember the same was said when GOP lost horribly in 2008 and Dems rode Obama’s coattails. The GOP was supposed to never recover. Demographically they were in a significant minority. Then they hatched REDMAP…

Nationwide injunctions are going the way of the dodo

With population outgrowing our capped judiciary, making access to courts increasingly pay to play, this means even less accountability for the executive branch.

The judiciary doesn't have to be capped. Thats on Congress

It doesn’t matter, the damage is done. If you’re an international student, are you going to risk an El Salvador gulag?

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