Just a couple weeks ago president Donald Trump signed into law an executive order that bans certain countries from entering the United States. There are seven countries total. All countries are from the Middle East and all practice the Muslim religion. Immediately there were constitutional challenges to this law and the main arguments were as follows:
A violation of the Due Process Clause
Legal scholars including Alex Ozols from Ozols law firm have gone on CNN and other legal networks to discuss this issue. This is a link to the video about the law if anyone wants to see the full footage. From the way the executive order is written it seems that the best constitutional challenge would be a violation of the Fifth Amendment’s Due Process Clause. The Due Process Clause says that the government cannot take away life or liberty without due process of law. What this really means is that if one was given a government benefit or if they have earned a government benefit then that benefit cannot be taken away without a hearing.
Let me give you two examples on this issue. The first would be if someone had a criminal law conviction in the county of San Diego. If they had this conviction then they would get an immigration hearing likely months to a year down the line to see if they should be deported. Now lets say that it was a traffic offense. Then it is possible that the DMV would be trying to take away their license. However, the DMV cannot do this automatically and must give the person a right to a hearing to explain their case.
The other example would be a situation with welfare or social security benefits. If the government wants to take these away for some reason, then the person has a right to defend him or herself at a hearing and argue their case. That is called due process of law.
Now in the executive order, they are taking away the hearing rights from people who are lawful permanent residents. Those people can leave the country and then not be able to come back. They were given a government benefit and they are getting it taken away without a hearing. That is a violation of the due process clause and therefore would be a violation of the constitution. The other religious challenges to this executive order include the First Amendment’s Establishment Clause and the Fifth Amendment’s Equal Protection Clause
Legal Battles in the Courts
Just last night a judge who was appointed by George Bush put a stop to this executive order saying that it was unconstitutional. The federal government immediately responded saying that they would fight this order but no one really knows how far they are going to take it. They have released a statement saying it is under the president’s power to make the law but legal scholars have noted that even if they have the power to make the law then that does not mean that it is a constitutional law.
San Diego Criminal Lawyer Alex Ozols has discussed these issues on National News
San Diego Criminal Lawyer Alex Ozols from Ozols Law Firm has been on CNN News, CBS national news and CBC news just this week discussing these laws. CBC is the largest news network in Canada, making Ozols Law Firm now a nationally recognized law firm for their opinion on legal issues.
Alex Ozols is trusted by the largest news networks in the national and is here to help your case if you are charged with a crime. We have been working hard to give every client free consultations on these issues and do whatever we can to help their case. If you have been arrested for a crime, feel free to give us a call.
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