Equal rights citizens non citizens

The lawyer seeking to block the president’s order on the basis of constitutionally guaranteed equal rights, arguing that non citizens who’ve traveled out of the U.S.have  “rights to return here” admits no “federal court had ever overturned an executive order on immigration due to equal protection concerns.”

“We have a case involving people who have been here, and have rights to return here.”The judge also asked if a federal court had ever overturned an executive order on immigration due to equal protection concerns. No, Ferguson said.”But there’s never been an order like this one,”

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At the end of his ruling, the judge said “the work of the court is not to create policy or judge the wisdom of any particular policy promoted by the other two branches.”That’s the work of the legislative and executive branches, he wrote, while it’s the work of the judiciary to ensure laws and executive orders comport with the Constitution.“The court concludes tht the circumstances brought before it today are such that it must intervene to fulfill its constitutional role in our tripart government,” he concluded

Here is  the Reconstruction  amendment that guarantees “equal protection of the laws” to all U.S. citizens: people born in the United States and naturalized citizens.

Amendment XIV

Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

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