Let's talk about the POTUS, "sovereign prerogative" and the constitutional rights of foreigners

[Bone]

Introducing war time activities muddies the analysis, IMO.

Since there are so many classes of people that are potentially impacted, it makes sense to analyze them separately as each may yield a different result. This is not as good a way of saying what RP said in post #142 here. I’m going to ignore the Claims ands the Order since those are specific to the current events, but the jurisprudence about classes of people is more generalized:

@Richard_Parker

People
[ol]
[li]LPRs who were outside the US when the order was executed[/li][li]LPRs who were inside the US when the order was executed[/li][li]Visa-holders who were outside the US when the order was executed[/li][li]Visa-holders who were inside the US when the order was executed[/li][li]People with valid visas who are denied entry at a U.S. port of entry on U.S. soil[/li][li]People outside the US seeking to apply for visas[/li][li]People inside the US seeking to apply for visas[/li][li]People who had been granted refugee status[/li][li]People seeking refugee status[/li][li]U.S.-based family members of affected people[/li][li]U.S.-based employers of affected people[/li][li]U.S.-based educational institutions of affected students[/li][/ol]

I think #6 and #9 we have near carte blanche on how we treat these people to the extent we wish to deny their requests. The rest I think get some level of constitutional protection.