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General Category => Immigration => Topic started by: rangerrebew on May 31, 2019, 12:17:11 PM

Title: Attorney General to Consider the Consequences of State 'Judicial Nullification' of Immigrati
Post by: rangerrebew on May 31, 2019, 12:17:11 PM


Attorney General to Consider the Consequences of State 'Judicial Nullification' of Immigration Laws

By Dan Cadman on May 31, 2019

As my colleague Andrew Arthur has noted, Attorney General Barr has certified to himself for review two removal cases, Matter of Matter of Michael Vernon Thomas and Matter of Joseph Lloyd Thompson, decided by the Board of Immigration Appeals (BIA) to determine whether should be reconsidered and overturned.

The outcome of the cases relied on past precedents of the BIA in finding that aliens, including aggravated felons as defined in the Immigration and Nationality Act (INA), are not deportable as the result of their convictions if, after the fact and clearly for the purpose of defeating the language of the law found in the INA, state judges reopen aliens' cases, vacate their original sentences and then deliberately re-sentence those aliens for lesser periods of time that stop just short of the requirements laid out in the INA to render aliens deportable.

https://cis.org/Cadman/Attorney-General-Consider-Consequences-State-Judicial-Nullification-Immigration-Laws
Title: Re: Attorney General to Consider the Consequences of State 'Judicial Nullification' of Immig
Post by: rangerrebew on May 31, 2019, 12:21:59 PM
Nullification crisis
United States history [1832–1833]
Written By:

    The Editors of Encyclopaedia Britannica
 

Nullification crisis, in U.S. history, confrontation between the state of South Carolina and the federal government in 1832–33 over the former’s attempt to declare null and void within the state the federal Tariffs of 1828 and 1832. The resolution of the nullification crisis in favour of the federal government helped to undermine the nullification doctrine, the constitutional theory that upheld the right of states to nullify federal acts within their boundaries.

Top Questions
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The doctrine of nullification had been advocated by Thomas Jefferson and James Madison in the Virginia and Kentucky Resolutions of 1798–99. The union was a compact of sovereign states, Jefferson asserted, and the federal government was their agent with certain specified, delegated powers. The states retained the authority to determine when the federal government exceeded its powers, and they could declare acts to be “void and of no force” in their jurisdictions.

https://www.britannica.com/topic/nullification-crisis (https://www.britannica.com/topic/nullification-crisis)

Wha't to consider?  Nullification was thrown out a loooooooong time ago.