TWH, 04/27/2016: DC Circuit Court Upholds Deportation Law

A little noticed provision slipped into the latest military funding authorization bill survived judicial scrutiny last week. While the provision only affects residents of Washington D.C. it could have ramifications nationwide.

 

The anti-immigration provision was allegedly added by Mitch McConnell in an effort to appease the Tea Party caucus. It reads, simply enough, “All non-native people residing within the boundaries of Washington, District of Columbia, shall be deported to their country of origin.”

 

A legal challenge to the provision went before the D.C. Circuit Court of Appeals where it was upheld. The Court noted Congress had the power to make laws affecting Washington D.C. The Court further ruled that the language “non-native” was not ambiguous – that the statute applied to any individual whose ancestry did not include the indigenous peoples of the North American Continent before the arrival of peoples of European descent. The Court also interpreted “residing” to mean individuals with permanent, seasonal, or temporary residence within the District of Columbia, and excluding those who visit, staying in the nation’s capital two weeks or less in any given year.

 

With its ruling, the temporary stay on enforcement will expire in 30 days, barring intervention by the Supreme Court. Given the 4 – 4 split on the Supreme Court, it is highly unlikely the matter will be taken up for review. By the end of May, 2016, virtually all Senators and Representatives will be deported back to their ancestor’s country of origin.

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5 thoughts on “TWH, 04/27/2016: DC Circuit Court Upholds Deportation Law

  1. Awkward: MSNBC Skips Chris Matthews’s Wife Suffering Huge Loss in Maryland Congressional Race

    Among the more intriguing results from Tuesday’s primary contests, the crowded race to fill the heavily-Democratic Eighth Congressional District in Maryland featured none other than the wife of Hardball host Chris Matthews whose candidacy included accusations that the couple leveraged their coziness with the D.C. and Hollywood elite for campaign donations.

    Unfortunately, MSNBC made no mention of this race during their live results coverage when polls closed at 8:00 p.m. Eastern until 1:00 a.m. Eastern and along with the MSNBC personality being absent from the coverage due the the campaign but, most importantly, that Kathleen Matthews finished in third.

    As of this writing (around 2:20 a.m. Eastern), far-left Maryland State Senator Jamie Raskin was the winner at 33.7 percent followed by Total Wine & More founder David Trone at 27.3 percent and Matthews behind them at 23.8 pecent.

    Matthews was name-checked by co-host Brian Williams as being “off tonight attending to family business” at the top of the 6:00 p.m. Eastern hour, but it was never disclosed to any uninformed viewers that the reason had to due with Kathleen’s campaign.

    • I know. I stopped making my posts ‘sticky’ awhile ago. I stopped ‘unsticking’ posts recently. I’ll leave it to a post’s author to ‘unstick’ his or her post.

  2. NBA’s Silver: LGBT law must change to keep 2017 All-Star Game in Charlotte

    NBA Commissioner Adam Silver said Thursday that if North Carolina’s LGBT law remains unchanged, the 2017 All-Star Game would have to be moved from Charlotte.

    Silver’s comments on the state’s controversial House Bill 2 came at the Associated Press Sports Editors’ commissioner meetings Thursday, according to attendees. Earlier in the day, Silver again called the law “problematic” for the league as it stands, but he said he’s confident state lawmakers will “do the right thing.”

    To paraphrase: Nobody ever went broke, betting against the GOP, ‘doing the right thing’.

  3. Judge sentences former U.S. House speaker Dennis Hastert to 15 months in federal prison

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    The sentencing marked an ignominious moment in the life of a man who was once a revered high school teacher and wrestling coach in Illinois and who ascended into the highest ranks of American politics. Even before the hearing, prosecutors had revealed in court filings how Hastert allegedly had molested or inappropriately touched five teenagers affiliated with the wrestling team he coached decades ago. U.S. District Judge Thomas Durkin had indicated that he would consider that in handing down an appropriate punishment.

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