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Old 02-11-2020 | 05:26 AM
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Originally Posted by WhistlePig
Anyone who thinks this ruling will pass constitutional muster, specifically strict scrutiny analysis, has their head in the sand. Injunctive relief in 3...2...
Ummmm.....how is this falling under strict scrutiny? Seems more like a rational basis analysis. I think the more poignant issue will involve those who have already been issued Global Entry/TSA-Pre/NEXUS/SENTRI and seek to renew.
Old 02-11-2020 | 05:22 PM
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Old 02-11-2020 | 06:07 PM
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Originally Posted by FL370esq
Ummmm.....how is this falling under strict scrutiny? Seems more like a rational basis analysis. I think the more poignant issue will involve those who have already been issued Global Entry/TSA-Pre/NEXUS/SENTRI and seek to renew.
Renewals also won't be permitted if they can't access the state's databases.
Old 02-12-2020 | 09:11 AM
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Originally Posted by Aviatorr
You are who you vote for!!!
Vote for Pedro!
Old 02-12-2020 | 10:55 AM
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Originally Posted by FL370esq
Ummmm.....how is this falling under strict scrutiny? Seems more like a rational basis analysis. I think the more poignant issue will involve those who have already been issued Global Entry/TSA-Pre/NEXUS/SENTRI and seek to renew.
You can hope. Just because strict scrutiny has traditionally been applied to state action doesn’t mean it has to be. Even Rational basis would take some tortured linguistic gymnastics. But, you never know. Heck, they can simply invoke the Commerce Clause and kill the rule.
Old 02-12-2020 | 03:08 PM
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Originally Posted by FL370esq
Ummmm.....how is this falling under strict scrutiny? Seems more like a rational basis analysis. I think the more poignant issue will involve those who have already been issued Global Entry/TSA-Pre/NEXUS/SENTRI and seek to renew.
I don't think so. It's a continual analysis. Just because it was issued to you doesn't mean anything. The database is a continual scrub. Initial issue is one thing. That's just the first hurdle. But, you can lose your status at anytime. Therefore maintenance is just as important as initial issuance. Naturally, renewal is hard if you can't maintain it as well. having a continual "clean sweep" of required data/law enforcement history helps to maintain that status.
Old 02-12-2020 | 04:00 PM
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Old 02-12-2020 | 04:16 PM
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Originally Posted by WhistlePig
You can hope. Just because strict scrutiny has traditionally been applied to state action doesn’t mean it has to be. Even Rational basis would take some tortured linguistic gymnastics. But, you never know. Heck, they can simply invoke the Commerce Clause and kill the rule.
Not so sure access to Trusted Traveler programs is a fundamental right nor are NY'ers a suspect class so that will make any argument that a court needs to apply a strict scrutiny analysis a pretty difficult hurdle. As for the Commerce Clause, who is going to invoke it? New York State? That would be a novel legal argument (usually used by the Feds against state laws) to get the Feds to lift the ban but I'm not sure how you prevail on that one. NY'ers aren't being banned from returning to the country, they just don't get expedited screening which would likely be found to be a de minimus impact on interstate commerce.

Maybe it will all be resolved after tomorrow's meeting.
Old 02-12-2020 | 04:50 PM
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Originally Posted by baseball
I don't think so. It's a continual analysis. Just because it was issued to you doesn't mean anything. The database is a continual scrub. Initial issue is one thing. That's just the first hurdle. But, you can lose your status at anytime. Therefore maintenance is just as important as initial issuance. Naturally, renewal is hard if you can't maintain it as well. having a continual "clean sweep" of required data/law enforcement history helps to maintain that status.
I agree with you that there is a scrubbing but I'm not so sure Benito Cuomo prevails on any of this. However, he would be way out on a limb denying access to DHS for those who have already established eligibility for TTPs. There is no need to grant sanctuary to those who have already established they are lawful citizens/aliens which, presumably, is done during your initial application. A denial of access to criminal databases for the renewal individual would run counter to the purpose of their purported sanctuary laws.
Old 02-12-2020 | 06:52 PM
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Originally Posted by FL370esq
I agree with you that there is a scrubbing but I'm not so sure Benito Cuomo prevails on any of this. However, he would be way out on a limb denying access to DHS for those who have already established eligibility for TTPs. There is no need to grant sanctuary to those who have already established they are lawful citizens/aliens which, presumably, is done during your initial application. A denial of access to criminal databases for the renewal individual would run counter to the purpose of their purported sanctuary laws.
One would have to read the text of the law that passed. I don't live in NY so I don't care. And I would never live there.
If they deny complete access to federal agencies then NYers are SOL for Global Entry. I guess that'll make Global Entry lines short at EWR.
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