An F-1 visa carries conditions established by Congress and administered through the executive’s foreign-affairs authority, which means continued presence depends upon compliance with the legal framework governing that invitation. Judge Wise’s ruling allows a temporary visitor’s speech claim to override statutory discretion and a review bar designed to keep sensitive immigration judgments within the political branches. That approach transfers visa policy from accountable officials to a federal judge whose preferred constitutional balance cannot replace the one Congress enacted. The government should appeal, force a clear appellate ruling on the statutory limits, and restore the distinction between protected expression and permission to remain.
An F-1 visa carries conditions established by Congress and administered through the executive’s foreign-affairs authority, which means continued presence depends upon compliance with the legal framework governing that invitation. Judge Wise’s ruling allows a temporary visitor’s speech claim to override statutory discretion and a review bar designed to keep sensitive immigration judgments within the political branches. That approach transfers visa policy from accountable officials to a federal judge whose preferred constitutional balance cannot replace the one Congress enacted. The government should appeal, force a clear appellate ruling on the statutory limits, and restore the distinction between protected expression and permission to remain.
The only thing likely to break these “activist”judges from sucking eggs is a few public hangings. Let me know if any are scheduled.
Radical Muslims are celebrating this unconstitutional ruling.
Yet another judge ruling on "feelz" and not the law. I wish we had a Congress that would act on the out of control judiciary.
Can this ruling be appealed? I thought image if the government loses at trial, the government couldn’t appeal.
No, the government can't re-file the same charges, because of double jeopardy. They CAN appeal that the judge made a reversible error.
I knew my non-caffeinated brain was missing something, I just couldn’t think of what.