• tal@lemmy.today
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    15 hours ago

    At a Cabinet meeting Wednesday, Secretary of State Marco Rubio said, “We cannot and will not allow any cases of Ebola to enter the United States.”

    If they want to enter the US and if they hold citizenship, I think that that may violate case law that a US citizen may not be denied entry to the US.

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    Some random law firm, but:

    https://www.rnlawgroup.com/the-rights-of-a-u-s-citizen-upon-reentry-into-the-country/

    Central to these protections is the absolute right of a U.S. citizen to return to their country. This right is unequivocal. No matter where an individual has traveled, the duration of their absence, or their personal or legal background, a U.S. citizen cannot be denied entry into the United States. This principle is supported by both statutory and constitutional law. A landmark Supreme Court case, United States v. Wong Kim Ark (1898), established that citizenship includes the right to reenter the nation. Unlike lawful permanent residents or visa holders, U.S. citizens are exempt from admissibility criteria. Consequently, even if a U.S. citizen lacks proper documentation or is subject to further questioning, the government is obligated to permit their entry once their citizenship is verified.

    The federal government can hold US citizens in quarantine upon reentry, in the US. There’s certainly precedent there. But I don’t think that it can constitutionally say “you may not enter the US” to a citizen.