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  1. #1
    Senior Member lorrie's Avatar
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    Supreme Court seeks Trump administration's view of DACA program

    Supreme Court seeks Trump administration's view of DACA program

    Jun 26, 2017 Updated 32 min ago



    PHOENIX — The ability of DACA recipients living in Arizona to have drivers' licenses could depend on what the Trump administration thinks.

    In a brief order Monday, the U.S. Supreme Court asked the Department of Justice for its views on whether those in the Deferred Action for Childhood Arrivals program are legally present in this country.

    The court gave no deadline for a response. But the order likely means that the justices won't decide on the state's bid to deny licenses until at least October — if not later.

    It also means that the more than 21,000 DACA recipients in Arizona who have been issued licenses following a federal appellate court order will continue to be able to drive in the interim.

    The fact that the justices want to hear from the Trump administration is significant.

    In 2014, the Department of Justice told the 9th Circuit Court of Appeals that the state's policy of denying licenses to DACA recipients in contrary to federal law.

    Assistant Attorney General Lindsey Powell told the judges that Arizona has no right to decide that some people the federal government allows to remain in this country are "authorized'' to be here and that others are not. She said that as far as the federal government is concerned, all are equal under the law — and all are entitled to the same rights and privileges — including licenses.

    "Arizona may not substitute its judgment for the federal government's when it comes to establishing classifications of alien status,'' Powell wrote.

    But that brief was filed on behalf of the Obama administration, which had adopted DACA in 2012.

    That program allows those who were brought here illegally as children to remain if they meet certain other conditions, permission good for two years but renewable. They also are issued Employment Authorization Documents entitling them to work.

    Now the Department of Justice reports to President Trump. And what he — and the agency — think about the program is unclear.

    During the presidential campaign, Trump promised to repeal DACA the first day he was in office.

    He did not do that. In fact, in the most recent announcement earlier this month, Trump's Department of Homeland Security suggested it is in no immediate danger.

    "The future of the DACA program continues to be under review with the administration,'' the statement reads. "The president has remarked on the need to handle the issue with compassion and with heart.''

    But the agency said the statement was meant only to clarify that DACA would not be immediately canceled and "should not be interpreted as bearing any relevance on the long-term future of that program.''

    "It's not surprising that the Supreme Court would like to hear what the federal government would have to say about the case,'' said Victor Viramontes, senior attorney with the Mexican American Legal Defense and Educational Fund. But he said the legal analysis of DACA, which remain in effect, as well as the rights of those in the program remain the same.

    "The only decisions up to now is what Arizona is doing is illegal,'' Viramontes said. "Nothing's really changed on that.''

    Still, he acknowledged that doesn't mean the current Department of Justice will see things the same.

    "It is a new administration and it's really hard to know exactly what they will say,'' Viramontes said.

    What the Department of Justice says could help the high court decide whether then-Gov. Jan Brewer acted illegally in 2012 in directing the state Department of Transportation not to give licenses to DACA recipients.

    In that order, Brewer said a 1996 state law says licenses are available only to those whose presence in the country is "authorized by federal law.'' She took the position that the DACA program confers no legal presence on those in it but simply says they will not be pursued or deported.

    Doug Ducey, who became governor in 2015, has left that order in place. And Attorney General Mark Brnovich has advanced the same legal arguments to the Supreme Court after the 9th Circuit rejected them.

    In the interim, following an appellate court order, the state has been issuing licenses to DACA recipients. The last time ADOT updated the figures was in April 2016 when more than 21,000 dreamers had licenses.



    http://tucson.com/news/local/supreme...87191326c.html


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  2. #2
    Senior Member Judy's Avatar
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    Obama was the worst President ever. Look what a mess he has made of things. Jan Brewer was correct. DACA's are not legally present in the US, they are illegally present. The deferred action does not legalize them, with or without an EAD card. The EAD card simply means the employer who hires them will not be prosecuted, it does not legalize the illegal alien, simply defers their prosecution or deportation for the time period of 2 years.

    I hope Sessions sets the Supreme Court straight.
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    MW
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    In a brief order Monday, the U.S. Supreme Court asked the Department of Justice for its views on whether those in the Deferred Action for Childhood Arrivals program are legally present in this country.
    On Jan. 21st I figured a question like this would have got a hell no (not legally present) from Trump and the DOJ. Now, in view of the position Trump has taken on DACA, I'm not so sure. Trump's mysterious and convenient discovery after the election of his "big heart" worries me.
    imblest likes this.

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    MW
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    BTT

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

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  5. #5
    Super Moderator GeorgiaPeach's Avatar
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    Related:

    Arizona to grant driver’s licenses to some in country illegally


    https://www.alipac.us/f12/arizona-gr...egally-294454/
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    Super Moderator GeorgiaPeach's Avatar
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    (please excuse me if posted previously)

    Dreamers’’ lawyers ask U.S. Supreme Court to let ruling stand on Arizona case




    By: Howard Fischer
    June 1, 2017 , 1:48 pm




    Advocates for “dreamers” are urging the nation’s high court to reject Arizona’s last-ditch bid to take away their licenses to drive.


    In new legal brief filed with the U.S. Supreme Court, attorneys for various groups are asking the justices to leave undisturbed an appellate court ruling which concluded the state acted illegally in refusing to issue licenses to those accepted into the Deferred Action for Childhood Arrivals program.

    The 9th Circuit Court of Appeals said DACA recipients are in this country legally. More to the point, the judges said Arizona has no right to unilaterally decide the issue of legal presence for itself.

    But the lawyers for the dreamers, led by Jennifer Chang Newell of the American Civil Liberties Union, also have a political argument in their bid to convince the Supreme Court not to review the issue at the behest of state Attorney General Mark Brnovich.



    "The new administration has maintained the program, and continues to grant renewals of deferred action pursuant to DACA,” the legal paper state, even though President Trump has the unilateral authority to alter or rescind the policy just as his predecessor enacted it.

    And Congress has not taken any action to strip the president of the power to offer deferred action.


    “Indeed, Congress had considered — and rejected — legislation that would have temporarily suspended Department of Homeland Security’s authority to grant deferred action except in narrow circumstances, demonstrating it knows how it could limit deferred action, but has chosen not to do so, ”the dreamers’” lawyers said.




    “Congress also has considered bills that would bar implementation of DACA; block agency funding unless the program were rescinded; or limited the (Homeland Security) secretary’s authority to grant DACA recipients to work authorization — but enacted none of them,” the legal filings continue. “Meanwhile, Congress has enacted multiple appropriations bills that fund DHS, leaving DACA untouched.


    The 2012 policy allows those who arrived in this country illegally as children to remain if they meet certain other qualifications. They also are entitled to employment authorization documents entitling them to work here legally.


    At last count, more than 27,000 Arizonans had been granted DACA status.


    But just days before the Department of Homeland Security began taking applications, Jan Brewer, governor at the time, issued an executive order directing the Arizona Department of Transportation to not issue licenses to DACA recipients. She cited a 1996 state law that says licenses are available only to those whose presence in this country is “authorized by federal law.”


    Brewer argued that the federal agency really had no legal authority to permit DACA recipients to remain or work. And what that meant, she said, is they were not “authorized” to be here.
    That argument failed to convince federal appellate judges who, ruling for the ACLU, the Mexican American Legal Defense and Education Fund and the National Immigration Law Center, said Arizona cannot decide for itself who is legally entitled to be in the country.


    The state Department of Transportation, acting under federal court order, said its most recent statistics show that more than 21,000 DACA recipients have been granted Arizona licenses — the licenses the state is hoping to take away.


    Brnovich, with the Supreme Court left as his last chance for legal relief, is arguing that what Obama did is not part of any federal law or even the result of Congress directing a federal agency to adopt a rule. And inherent in that argument is the contention that Obama exceeded his authority in establishing the DACA program in the first place.


    The attorneys for the dreamers, however, point out it’s not like Obama was doing something new.

    “For more than four decades, federal immigration authorities have granted deferred action to otherwise removable noncitizens in a variety of circumstances,” they said. That ranges from victims of human trafficking and relatives of victims of terrorism to even foreign students affected by Hurricane Katrina.


    And they noted that along with that status comes employment authorization documents to ensure that person can work while here — the very documents the state is refusing to honor for licenses for DACA recipients.


    And the lawyers for the dreamers say there is no legal basis for Brnovich’s claim that Obama acted illegally.

    “Indeed, no court has found DACA to be unlawful, and every legal challenge has been dismissed,” they said.

    There is a ruling by the 5th Circuit Court of Appeals blocking implementation of a subsequent Obama program known as Deferred Action for Parents of Americans, essentially a bid to allow adults who are the parents of children born here to remain. But while the judges said the president’s actions may be contrary to federal law, the appellate court’s ruling was based legally on violations of the federal Administrative Procedure Act because it acted unilaterally and did not go through the normal rule-making process.

    There’s one other argument the attorneys are making in urging the Supreme Court to spurn Brnovich’s request.

    “Arizona is the only state in the country that denies driver’s licenses to deferred action recipients based on a theory that they lack federally authorized presence,” the legal filings read.

    “Because deferred action recipients are eligible for driver’s licenses in the 49 other states, the Ninth Circuit’s ruling is of no consequences outside of Arizona,” the lawyers said. “Thus, the court of appeals decision merely brings Arizona into line with every other state.”

    More significant, there is no other federal appellate court ruling to the contrary, meaning there’s no reason for the justices to step in to resolve a conflict.

    The brief was the last word from lawyers arguing in the case. The court can decide within days to accept the case or wait until the next court term begins in October 2017.



    http://azcapitoltimes.com/news/2017/...-arizona-case/


    Last edited by GeorgiaPeach; 06-28-2017 at 10:48 AM.
    Matthew 19:26
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  7. #7
    Senior Member lorrie's Avatar
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    Quote Originally Posted by GeorgiaPeach View Post
    Lorrie, please accept my apology for reposting this story. I did a search but did not see it. I will delete the duplicate.



    No problem GeorgiaPeach...

    That happens to me too.
    MW likes this.


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    Administrator ALIPAC's Avatar
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    AG Jeff Sessions needs to come out and show all Americans that our trust in him to uphold our laws and Constitution are well placed by announcing DACA does not convey "lawful presence" to any illegal alien.

    W
    Beezer, Scott-in-FL, MW and 3 others like this.
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    Time for Attorney General Jeff Sessions to Nix Trump's DACA Amnesty
    https://www.alipac.us/f8/time-attorn...mnesty-348649/


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    Senior Member JohnDoe2's Avatar
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    Beezer, Mayday and lorrie like this.
    NO AMNESTY

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


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