Now, the complication in this third case is that the national TRO is only as to those w/ valid immigrant visas. ...
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Replying to @chrisgeidner
We now know that, on Jan. 27, the State Dep't "provisionally revoke[d]" all immigrant and nonimmigrant visas from the 7 affected countries.pic.twitter.com/nlDrFRf3zp
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Replying to @chrisgeidner
If so, there's no one from those seven countries outside the US any longer with a valid visa. Meaning, the TRO would not cover anyone.*
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Replying to @chrisgeidner
* = Other than the specific, named plaintiffs in the case (due to other relief in the TRO).
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Replying to @chrisgeidner
That seems like an aggressive reading. Visas are only invalidated by virtue of the EO itself!
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Replying to @fnurt
I don't think so. This is the only national order in the CD Cal. TRO:pic.twitter.com/i5DoQHmTPc
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Replying to @chrisgeidner @fnurt
I think, ultimately, if the EO is struck down, then, yes, the State action would be invalid, but there was no finding of unconst ...
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Replying to @chrisgeidner @fnurt
... of the exec order itself in the CA TRO, just an order not to do remove, detain, or block entry — to those w valid immig visas.
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Replying to @chrisgeidner
Right, TRO doesn't nullify EO. But I think gov't would be hard-pressed to take position that TRO applies to no one. We'll see!
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Replying to @fnurt
I'm saying, there's no one with a valid visa from those 7 countries, per State, so no one who could come here now.
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Of course it's stupid & would lose assuming the underlying skepticism of the EO itself remains, but, practically, rn, the TRO has...
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Replying to @chrisgeidner @fnurt
... no clear immediate effects beyond the plaintiffs.
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