Tucker Carlson takes on Karen Tumlin legal director of the National Immigration Law Center. She is one of the lawyers that have been supporting the latest legal action against travel ban 2.0. The recent ruling by the Federal judge in Hawaii extends the 1st amendment of the US constitution to people from other countries who have never been in the US. Another ruling by a Federal Judge in Maryland granted the 1st amendment right to relatives of people who live in the US and who are wishing to come in.
The point here is that in both cases neither of the people granted this right are US citizens or are in the country.
Tucker: “They are not US citizens and they are not in the country. But we are now expanding or these judges are now expanding the coverage of our constitution to foreigners who aren’t here and have never been here and have no legal rights to be here. How does that work?”
What the Legal Position Against Travel Band 2.0?
The National Immigration Law Center position is that the majority of the constitution talks in terms of person, and not US citizens. Therefore it doesn’t protect only US citizens. The Maryland case particularly concerns a permanent resident who has a sister abroad and she plans to come in as a refugee.
Tumlin: “To kind and twist and say these cases are only about folks outside of the US with no connection here. Who don’t have family who have a right to reunify is actually a misreading of the law.”
Tucker: ” There is actually no constitutional right to reunify and this decision is rooted in a reading of the constitution. Which extends constitutional rights to a non-citizen who is not in the country. That is not the traditional way we understand it. Does it mean that the other 1st amendments rights, the right to the freedom of speech, freedom of assembly, freedom of the press – do we guarantee those rights also for people who aren’t here?”
Tumlin doesn’t really answer to this question but rather shifts the subject to the fact that this is a Muslim ban and that the Constitution prohibits disparaging any religion.