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Thread: Politico: Democrats Complain DHS John Kelly Is Not Following Their Commands

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  1. #11
    Senior Member JohnDoe2's Avatar
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    NO AMNESTY

    Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.


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  2. #12
    MW
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    Just a motion with no true benefit in my opinion. DAPA has already been rejected by the courts.

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  3. #13
    Senior Member Judy's Avatar
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    No, DAPA was not rejected by the courts, MW, neither was the DACA Expansion. An injunction pending a trial on the merits was upheld by the Courts. Now that the program that led to the lawsuit has been revoked, the lawsuit becomes moot and will be dismissed.

    There was no court ruling on the merits of the case pertaining to the programs ordered in 2014, only an injunction to stop them from implementation pending a trial. Now that the orders for the programs that were part of the lawsuit have been "expired" and revoked, no trial is needed, and everything is back to where it was prior to the 2014 Obama Order. The case will now be dismissed without a trial because the issues at the heart of it have been revoked, no longer exist, and are now moot.
    Last edited by Judy; 06-16-2017 at 12:37 AM.
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  4. #14
    MW
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    Quote Originally Posted by Judy View Post
    No, DAPA was not rejected by the courts, MW, neither was the DACA Expansion. An injunction pending a trial on the merits was upheld by the Courts. Now that the program that led to the lawsuit has been revoked, the lawsuit becomes moot and will be dismissed.

    There was no court ruling on the merits of the case pertaining to the programs ordered in 2014, only an injunction to stop them from implementation pending a trial. Now that the orders for the programs that were part of the lawsuit have been "expired" and revoked, no trial is needed, and everything is back to where it was prior to the 2014 Obama Order. The case will now be dismissed without a trial because the issues at the heart of it have been revoked, no longer exist, and are now moot.
    What trial. I've heard nothing about an impending trial. DAPA was rejected by the courts making it a non-issue.





    PUBLISHED:

    Tue, APR 19th 2016 @ 9:21 am EDT

    After oral arguments on Monday the eight Supreme Court Justices seem to be evenly split over the Deferred Action for Parents of Americans (DAPA) case. The court spent 90 minutes debating if Texas and the other 25 states have the right to sue over Pres. Obama’s executive amnesty and if so does DAPA, specifically the Administration's plan to grant work permits and Social Security numbers to a class of illegal aliens, violate the constitution.

    Chief Justice John Roberts and Justice Samuel Alito were concerned that the language of the executive action would grant illegal aliens “legal” status. “How is it possible to lawfully work in the United States without lawfully being in the United States,” Justice Alito asked. Chief Justice Roberts continued, “I mean, they’re lawfully present, and yet, they’re present in violation of the law?”
    Justice Anthony Kennedy, who is usually the swing voter, argued that Pres. Obama overstepped his authority. “And that's **the whole point, is that you've talked about discretion here. What we're doing is defining the limits of discretion. And it seems to me that that is a legislative, not an executive act. All of the cases,** the briefs go on for pages to the effect that the President has admitted a certain number of people and then Congress approves it. That seems to me to have it backwards. It's as if **that the President is setting the policy and the Congress is executing it. That's just upside down,” he said.

    Justice Clarence Thomas also seemed to side with Texas and the states over the Obama administration.

    Justice Ruth Bader Ginsburg made the argument that there are 11.3 million illegal aliens in the U.S. but Congress has only provided funds to deport around 4 million, so Pres. Obama is allowed to set priorities. Justice Sonia Sotomayor argued against the standing of Texas and the other states to challenge President Obama’s executive action saying this could set a precedent that would make it easier for states to attack any federal agency regulations they don’t like. Justice Elena Kagan and Justice Stephen Breyer also voiced their support for the administration’s position.

    There are currently only eight Supreme Court justices after the death of Justice Antonin Scalia. If the final decision is split this would mean that the lower court’s injunction would be upheld, essentially ending DAPA.

    For more on other possible Supreme Court decisions read Chris Chmielenski’s blog here.

    DAPA was put on hold last February after Texas and 25 other states filed a lawsuit against the executive action. The injunction has been upheld by the Fifth Circuit Court that said DAPA would affect more than just immigration enforcement but would actually change the status of illegal aliens.
    DAPA would provide approximately 5 million illegal aliens access to work permits and social security cards, which would qualify them for other state and federal benefits including welfare, essentially granting them legal status.

    The Supreme Court is set to give its final decision on June 28.

    https://www.numbersusa.com/news/supr...ided-dapa-case

    Yes, the U.S. Supreme Court ended up in a split decision so DAPA was essentially ended at that point.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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  5. #15
    Senior Member Judy's Avatar
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    No it wasn't ended, if Hillary had won the election we would be at a trial and they would be arguing why these people deserve deferred status. Trump won which is what "ended it", but there are still procedures to dismiss the lawsuit. All the courts did was approve the injunction to put a stay on it until a trial on the merits of Texas' claim that the orders were unconstitutional. But in the process, they also ruled that DACA 2012 was to remain in effect. There has no been trial because Trump became the 45th President of the United States instead of Hillary Clinton. Otherwise you would have DACA Expansion and DAPA in perpetuity.

    It's really not worth the time to explain any of this to you.

    So I'm just going to wait and see what happens, but it's looking good to me so far.
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  6. #16
    MW
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    Quote Originally Posted by Judy View Post
    No it wasn't ended, if Hillary had won the election we would be at a trial and they would be arguing why these people deserve deferred status. Trump won which is what "ended it", but there are still procedures to dismiss the lawsuit. All the courts did was approve the injunction to put a stay on it until a trial on the merits of Texas' claim that the orders were unconstitutional. But in the process, they also ruled that DACA 2012 was to remain in effect. There has no been trial because Trump became the 45th President of the United States instead of Hillary Clinton. Otherwise you would have DACA Expansion and DAPA in perpetuity.

    It's really not worth the time to explain any of this to you.

    So I'm just going to wait and see what happens, but it's looking good to me so far.
    Yes, DAPA and the DACA expansion was essentially ended as NumbersUSA stated. Trump was elected, which makes the rest of your argument meaningless.

    Nothing about DACA is looking good so far. The amnesty is still fully functioning and issuing new social security numbers and work permits as we speak. The DACA amnesty program will continue functioning in its current state until the U.S. Congress puts a a DREAMER amnesty bill on the President Trump's desk (IMO).

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  7. #17
    Senior Member Judy's Avatar
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    2014 DAPA and DACA Expansion are now over. Texas lawsuit is expected to be dismissed within 2 weeks due to the 2 week extension by the court for the parties to the suit to review the matter following Kelly's revocation of the programs of same date. DACA 2012 is still under court order to remain in effect until then. After that ... we'll see what happens.

    Stay tuned.
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  8. #18
    MW
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    President Trump or Secretary Kelly could end DACA this very minute if they so desired.

    "The only thing necessary for the triumph of evil is for good men to do nothing" ** Edmund Burke**

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