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Thread: Federal judge says Trump must fully restore DACA

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  1. #11
    MW
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    Quote Originally Posted by Judy View Post
    I knew it was over your head. You don't know anything about contracts and agreements, which is why you never understood the difference between DACA 2012 which is an implemented program by agreement, and DACA Expansion and DAPA which were not.
    It's you that never fully comprehended the issue or facts. This issue has been discussed ad-nauseam on ALIPAC. Instead of obfuscating, just do your homework.

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  2. #12
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    Quote Originally Posted by Judy View Post
    I knew it was over your head. You don't know anything about contracts and agreements, which is why you never understood the difference between DACA 2012 which is an implemented program by agreement, and DACA Expansion and DAPA which were not.
    Here, maybe this will clear up the confusion you're experiencing:

    Excerpt:

    The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result.
    http://latinalista.com/palabrafinal/...aca-recipients
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  3. #13
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    I have no confusion. A 2 year program that starts on June 15, 2012 ends on June 15, 2014, if that program is renewed for 3 years, which it was by Jeh Johnson, the end date is June 15, 2017. This isn't rocket science, it's just simple very simple contract law.
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    Quote Originally Posted by Judy View Post
    They should have let it expire on June 15, 2017 like the White House wanted to do. Trump is a real estate guy, he knows nothing goes on in perpetuity, there is a beginning and an end to an agreement, he also knew that Jeh Johnson was already on record having "renewed" the original DACA program in writing for 3 years which would end on June 15, 2017, without any valid argument to the contrary, so legally that was clearly the best way to go to avoid all of this.
    So Judy is admitting that President Trump erred!

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    Quote Originally Posted by MW View Post
    Go back and do your homework. "The truth will set you free."
    I love it when someone assigns you to search for the evidence to support their claim, as they apparently can't find it.

  6. #16
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    Another activist Judge. DACA was an illegal Executive Order and the President has every right to reverse ANY Executive Order issued by ANY President prior to this term. The big reason is that Presidents don't make Laws, DACA is not a law it is an administrative, non binding, action. This judicial martinet was appointed by George Bush, an open borders globalist. IMO

    Activist George W. Bush-Appointed Judge Orders Full Restart of Obama-Era DACA Program

    by Cristina Laila August 3, 2018
    (AP Photo/Jacquelyn Martin)

    U.S. District judge, John Bates, a George W. Bush appointee, ordered a full restart to Obama’s DACA program on Friday.


    The Trump administration has attempted to unwind this dangerous Obama-era program, yet activist judges continue to block all efforts.

    In fact, Judge John Bates ruled back in April that the Department of Homeland Security’s decision to end the Obama-era DACA “was unlawful and must be set aside.”

    Judge Bates said DHS Nielsen’s memo “offers nothing even remotely approaching a considered legal assessment that this court could subject to judicial review,” Politico reported.
    Politico reported:

    A D.C.-based federal judge on Friday ordered the Trump administration to restart in full the Deferred Action for Childhood Arrivals program.

    The decision is the latest legal blow against President Donald Trump’s decision to phase out the Obama-era program, which offers deportation relief to undocumented immigrants brought to the United States as children.
    The restart won’t be immediate. U.S. District Judge John Bates said Friday that the order would be delayed until Aug. 23 to allow the government to appeal, but he denied a Justice Department motion to reconsider his earlier decision, saying there were still deficiencies in the administration’s rationale for rescinding DACA.

    “The court has already once given DHS the opportunity to remedy these deficiencies — either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons that would preclude judicial review,” said Bates, “So it will not do so again.”

    Bates in April became the third federal judge to order the administration to restart renewals for people previously approved for DACA.

    He also threatened to vacate the memo ending DACA — and thereby restore the program in full — if Trump officials could not present an adequate reason for ending it.

    In a 25-page opinion Friday, Bates, an appointee of former President George W. Bush, rejected the administration’s argument that the original decision to end DACA remained sound.

    Specifically, he criticized a June memo issued by Homeland Security Secretary Kirstjen Nielsen. In the memo, Nielsen said she stood by the legal rationale laid out in a Sept. 5 directive from then-acting Secretary Elaine Duke.
    If Judge Bates’ Friday ruling goes into effect later this month, the Trump administration will be required to accept new DACA applications.

    The DACA showdown is here.

    In early September, President Trump announced an end to the Obama-era program that grants work permits to illegal immigrants who arrived in this country illegally with their lawbreaking parents or guardians.

    President of Judicial Watch, Tom Fitton followed Trump’s announcement with a statement saying the Obama administration bypassed security background checks for DACA recipients which of course puts Americans in danger.

    Not only do these illegal aliens cost the American taxpayers billions of dollars, they are incredibly dangerous as well. Just like the Syrian ‘refugees’, we don’t know who they really are.

    The median age of a DACA recipient is 23 years old. They are not hopeless babies and toddlers like the media would like you to believe.

    Many DREAMers are of voting age and WILL VOTE DEMOCRAT. The ones who have yet to be of voting age will most certainly vote Democrat and permanently entrench the Democrat party.
    The American people voted for Donald Trump to stop this invasion of illegal aliens.

    The abuse from unelected officials from the bench must stop.

    https://www.thegatewaypundit.com/201...-daca-program/
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  7. #17
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    Quote Originally Posted by jtdc View Post
    I love it when someone assigns you to search for the evidence to support their claim, as they apparently can't find it.
    Don't really understand what you're implying here, but I'd trust Jeff Sessions word all day over Judy's. She's provided absolutely no evidence that DACA had a termination date .... just a bunch of words without substantiating evidence. I think she's assuming there is an expiration date based on the length of the work permits. Those permits and protections have always been renewable. As Jeff Session has said, the program was open-ended and had no expiration date.

    The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result.
    Excerpt:

    Sessions says DCA law "unconstitutional"

    Sessions said the "open-ended immigration law" that was an "overreach of the executive branch" contributed to a surge of minors at southern border that yielded terrible humanitarian situations
    https://www.cbsnews.com/news/trump-d...-live-updates/

    Open-ended means there is no ending or expiration date to the program.
    Last edited by MW; 08-04-2018 at 05:56 PM.

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  8. #18
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    Quote Originally Posted by MW View Post
    Don't really understand what you're implying here, but I'd trust Jeff Sessions word all day over Judy's.
    I agree, but that's beside the point.

    Quote Originally Posted by MW
    As Jeff Session has said, the program was open-ended and had no expiration date.
    Technically correct. However, and EO is not law and can be terminated by any subsequent President. President Trump made a mistake by dragging it out. If he did, as his campaign promise went, that on day one, he would end it, he would have no problem. But in allowing even 6 months for it to continue, it becomes an established practice. This is much like the idiot governor of California making gay marriage legal, those licenses issued before a court reverse the ruling, could not be taken away. This is working much the same way, that the rights given to DACA recipients can't just be taken back.

    Quote Originally Posted by MW
    Open-ended means there is no ending or expiration date to the program.
    That doesn't mean it cannot be instantly terminated.

  9. #19
    Senior Member Judy's Avatar
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    Quote Originally Posted by jtdc View Post
    So Judy is admitting that President Trump erred!
    Oh yes, Trump should have gone with his own instincts and let it expire on June 15, 2017, which is what Sean Spicer said they were going to do during White House Press Conference in February of 2017, instead of letting Sessions and DOJ take it over. Big mistake on that one, in my opinion.

    Trump had DHS announce the expiration of DACA Expansion and DAPA, which were part of the same renewal as the renewal of DACA 2012. DACA Expansion and DAPA, all part of the same renewal document of Jeh Johnson, ended June 15, 2017, announced by John Kelly that evening. And we haven't heard another peep about that since. All they had to do was announce the expiration of the whole renewal instead of just the DACA Expansion and DAPA, that would have included DACA 2012 and we wouldn't have heard another peep about it.

    But good luck with the Sessions Rescission plan and fighting it out through the Courts.
    Last edited by Judy; 08-04-2018 at 08:14 PM.
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  10. #20
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    Quote Originally Posted by Judy View Post
    Oh yes, Trump should have gone with his own instincts and let it expire on June 15, 2017, which is what Sean Spicer said they were going to do during White House Press Conference in February of 2017, instead of letting Sessions and DOJ take it over. Big mistake on that one, in my opinion.

    Trump had DHS announce the expiration of DACA Expansion and DAPA, which were part of the same renewal as the renewal of DACA 2012. DACA Expansion and DAPA, all part of the same renewal document of Jeh Johnson, ended June 15, 2017, announced by John Kelly that evening. And we haven't heard another peep about that since. All they had to do was announce the expiration of the whole renewal instead of just the DACA Expansion and DAPA, that would have included DACA 2012 and we wouldn't have heard another peep about it.

    But good luck with the Sessions Rescission plan and fighting it out through the Courts.

    I don't know why you keep bringing up DAPA and the DACA Expansion. Probably an effort of obfuscate. I know your big wordy responses are an effort to obfuscate. The DAPA and DACA extension programs are moot and have been for some time now. They are not part of this discussion. We're talking about the original DACA program that was created through a memorandum by DHS Secretary Janet Napolitano. Please stay on point.


    You can say all you want with your wordy explanations, but just as AG Jeff Sessions says, DACA was an open-ended program and never had an expiration date. I offered you proof to support this, now where is your evidence (provide link).

    I showed you mine, now show me yours. Don't bother with anymore mumbo jumbo talk in an attempt to confuse the issue .... Just show your proof with an appropriate link. If you can't do that, then just admit you're wrong and let's move along.


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