So the US Federal Appeals court ruled that it was constitutional for the US to require visitors from 24 Arab and Muslim countries, along with visitors from North Korea, to register with immigration authorities. This policy, since rescinded, was instated after the attacks of 9/11.
I am wondering how this is a constitutional issue. I thought the constitution applied only to US citizens–and to a lesser degree those taken prisoner or facing criminal charges in the US legal system. Granted, I do not know much about this (obviously), but I fail to see how it is a constitutional issue, and one to be decided by the appeals courts. If anything it should be dealt with in Congress, in terms of drafting the law, or diplomatically, in terms of letting these countries know that these requirements are in place. It does not seem to be an issue for the courts, even if some of these visitors got deported because their immigration papers were not in order.
Right now I’m living in the Czech Republic, which adheres to the Schengen treaty. This treaty allows open borders to participating members in the EU. However, it also means that I am only allowed to legally stay in the Schengan zone for 90 days before I must leave. I can leave for a day (which I did–I went to the Ukraine) and then come back for another 90 days, but the point is I must leave. I think this is silly and unfair, but it is what it is, and I know the Schengan EU country governments would laugh at me if I tried to appeal the treaty and argue that I should be able to stay as long as I want in these territories. Their law exists, regardless of fairness or constitutionality, and I must deal with it because they will not waste time listening to the complaints of foreigners, nor will they waste legal resources either.
It just seems to me that our courts have better things to do than decide the issue of constitutionality on an issue that does not seem relevant to the constitution. But, as I said before, I know very little about this subject. If anyone has thoughts, reasons, ideas, or information regarding how this is a constitutional issue, please let me know. I want to know more about this, and am willing to listen.