Comment by alphabeta3r56
1 day ago
> The reason it is a weasel's move is because decisions at the consulate are made by consular officers who are career public workers and won't deny visas for arbitrary reasons.
No? Visa can be denied for arbitrary reasons based on what executive branch of US. there have been multiple cases where it has been clear that visas are a privilige not a right. Visa needs a reason to be granted, by default it is denied.
Laws should not be executed on the whim of the executive branch.
Isn’t that the whole definition of “executive branch”? They are given (by we the people) the power to choose how to execute the laws. And we elect them.
The alternatives I can think of are for laws to be executed at the whim of an algorithm, a king, a more local executive like the governors of each state, or a more distant foreign executive like the UN
No, the executive branch has a responsibility to execute the law. It's not a privilege. We elected them to perform a duty on our behalf. Do you understand the difference?
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It's not always a bad thing though is it? Like when Obama stopped federal enforcement of weed laws.
That decision was expanding rights, not removing them.
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That was still bad actually. A lot of "legal" weed business still lives in a state of weird limbo because of it.
Honestly it's still bad - it creates long term problems. Ignoring the democratic system (i.e not changing the law) just creates chaos.
No, you are confusing discretion with whims of the executive branch. Consular officers have discretion to adjudicate the applications and they can deny them for reasons prescribed in the INA. Those decisions are not reviewable. They are still supposed to follow their training, the FAM, and the INA in making the decisions. If Rubio sends an email to the consulates that says, "deny all visas", that would be illegal as a matter of policy and will be overturned by the courts under the APA. Note that 212(f) (aka Muslim ban from Trump v. Hawaii) gives discretion to the president to bar entry into the country, not visa adjudications. Visa adjudications require individualized determination by the consular officer.