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Thread: Texas ends legal challenge to DACA after administration announces halt to amnesty pro

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    Senior Member JohnDoe2's Avatar
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    Texas ends legal challenge to DACA after administration announces halt to amnesty pro

    Texas ends legal challenge to DACA after administration announces halt to amnesty program

    Lawsuit to test legality of Obama’s 2012 executive order

    By Stephen Dinan - The Washington Times - Tuesday, September 5, 2017

    Texas moved Tuesday to cancel the legal case it had planned to use to challenge the legality of President Obama’s 2012 deportation amnesty after the Trump administration said it was phasing out the program, known as DACA.


    Ken Paxton, Texas attorney general, filed for voluntary dismissal, saying they succeeded in derailing some of Mr. Obama’s biggest legal transgressions.


    The case, which was filed in 2014, first halted Mr. Obama’s proposed deportation amnesty for as many as 4 million illegal immigrant parents. And it has now prodded President Trump to cancel the amnesty for 800,000 Dreamers.


    “Our lawsuit was always about the rule of law, not the wisdom of any particular immigration policy,” Mr. Paxton said.


    http://www.washingtontimes.com/news/...d-amnesty-ord/
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    Thank you JD2 for posting that article. So Texas lawsuit dismissed simultaneously with the end of the program. Good!!!!

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    Senior Member MontereySherry's Avatar
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    What is good about this?
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    MW
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    Quote Originally Posted by MontereySherry View Post
    What is good about this?
    Yep, I would have preferred it went to court. The court could have halted all applications and renewals immediately pending a final ruling.
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    It means the states are satisfied with the decision and manner in which DACA was ended and the lawsuit is dismissed, and Judge Hanen's Ruling in that lawsuit that DACA 2012 continue in effect is now dispensed with.

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    Quote Originally Posted by MW View Post
    Yep, I would have preferred it went to court. The court could have halted all applications and renewals immediately pending a final ruling.
    They tried that already on DACA 2012 and were shot down because it's an implemented program.

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    MW
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    Quote Originally Posted by Judy View Post
    It means the states are satisfied with the decision and manner in which DACA was ended and the lawsuit is dismissed, and Judge Hanen's Ruling in that lawsuit that DACA 2012 continue in effect is now dispensed with.
    Judge Hanen did not rule on DACA, he ruled on DAPA and the DACA extension. He could not rule on DACA because it wasn't part of the lawsuit. However, he did comment that the program was "most likely" unconstitutional. Judge Hanen did not rule that DACA must stay in effect and couldn't because it wasn't part of the lawsuit. Basically what he was saying was DACA couldn't be ended based on that specific lawsuit because it wasn't part of the lawsuit. That didn't mean the Trump administration couldn't cancel the program. THERE WAS NO RULING THAT PREVENTED TRUMP FROM ENDING THE PROGRAM AS HE PROMISED!
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    That is absolutely false, MW. Hanen was asked by the States to apply the injunction to DACA 2012, Hanen denied their request and ruled that DACA 2012 would continue in effect and would not be stopped by an injunction on the other programs.

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    MW
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    Quote Originally Posted by Judy View Post
    That is absolutely false, MW. Hanen was asked by the States to apply the injunction to DACA 2012, Hanen denied their request and ruled that DACA 2012 would continue in effect and would not be stopped by an injunction on the other programs.
    He couldn't apply an injuction because DACA wasn't part of the lawsuit. Making a 23rd hour request for consideration on something that wasn't in the original lawsuit wasn't a road the judge wanted to go down. There is nothing that was in the ruling on DACA that would have precluded Trump from ending the program anytime he wanted to! The judge was just basically saying that specific lawsuit would not have an effect on DACA. The end, that's all there was to it. No need create an issue where none exist.

    President Donald Trump could have ended DACA anytime he so chose. Unfortunately though, he thought his promise to the DACA members and his "big heart" was more important than the campaign promise he made to gain our vote!
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    You are wrong! When a court ruling states DACA 2012 will continue in effect that means it will continue in effect until the ruling is dispensed with by a resolution of the lawsuit or a dismissal. Not sure what bus you rode in on, but it wasn't from the legal world of the United States.

    Hanen could have absolutely put an injunction on DACA 2012 if there was legal cause to do so. He considered it and ruled against it because it was an implemented program, much smaller in scope and had been properly renewed.
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