Results 1 to 4 of 4
Like Tree8Likes
  • 2 Post By imblest
  • 3 Post By Beezer
  • 3 Post By Beezer

Thread: Federal Judge Deals Major Blow to DACA, Sets Stage for Likely Supreme Court Showdown

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

  1. #1
    Super Moderator imblest's Avatar
    Join Date
    Apr 2006
    Location
    North Carolina
    Posts
    8,239

    Federal Judge Deals Major Blow to DACA, Sets Stage for Likely Supreme Court Showdown

    Federal Judge Deals Major Blow to DACA, Sets Stage for Likely Supreme Court Showdown

    By Jack Davis
    September 1, 2018 at 9:10am

    The future of the Deferred Action on Childhood Arrivals program that allows the children of illegal immigrants to remain in the United States moved one step closer to a Supreme Court decision after a federal district court judge said there’s no question in his mind that the program violated federal law.

    In a case brought by Texas and supported by other states, Judge Andrew Hanen of U.S. District Court for the Southern District of Texas refused to strike down the program.

    Hanen said an injunction to block the program was the wrong step because of the effect an injunction would have while the law’s ultimate fate is still being decided.

    He also said that states opposing the program could not show irreparable harm in letting the program continue because they waited too long to bring their suit, Fox News reported.

    “Here, the egg has been scrambled,” Hanen wrote, according to CNN. “To try to put it back in the shell with only a preliminary injunction record, and perhaps at great risk to many, does not make sense nor serve the best interests of this country.”

    Hanen said the popularity of the program was not relevant, only whether it was legal.

    “This court will not succumb to the temptation to set aside legal principles and to substitute its judgment in lieu of legislative action,” he wrote. “If the nation truly wants to have a DACA program, it is up to Congress to say so.”

    Hanen agreed with the legal argument made by Texas that the 2012 action taken by the Obama administration to create DACA violated the Administrative Procedure Act and wrongly allows the federal government to ignore immigration law.

    As such, Texas Attorney General Ken Paxton said he expects DACA will eventually be quashed.

    “We’re now very confident that DACA will soon meet the same fate as the Obama-era Deferred Action for Parents of Americans program, which the courts blocked after I led another state coalition challenging its constitutionality,” Paxton said in a statement.

    “President Obama used DACA to rewrite federal law without congressional approval. Our lawsuit is vital to restoring the rule of law to our nation’s immigration system. The debate over DACA as policy is a question for lawmakers, and any solution must come from Congress, as the Constitution requires,” he said.

    Hanen set up an appeal to the U.S. Court of Appeals for the Fifth Circuit which is likely to be a stepping stone to the U.S. Supreme Court, where DACA’s legality could finally be decided.

    The Justice Department said it supported Hanen’s decision.

    “As the Justice Department has consistently argued, DACA is an unlawful attempt to circumvent Congress, and we are pleased the court agreed today,” DOJ spokesman Devin O’Malley said in a statement.

    President Donald Trump tried to abolish DACA administratively but was blocked by a court ruling that kept the program in place. Trump has urged Congress to revise DACA, but lawmakers have been unable to agree on any plan.

    ~Poll at source link.



    https://www.westernjournal.com/feder...ourt-showdown/
    Airbornesapper07 and jtdc like this.
    Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)

  2. #2
    Senior Member Beezer's Avatar
    Join Date
    Apr 2016
    Posts
    16,226
    DACA is illegal

    Illegal aliens are ILLEGAL no matter if they came here 30 years ago or 30 seconds ago!

    No DACA
    No Amnesty #8
    No Path To Stay
    No More Work Permits!

    THE WHOLE FAMILY HAS TO SELL OUT, PACK UP AND GO HOME!

    GET IN LINE LIKE THE 2 BILLION PEOPLE ON THE PLANET "DREAMING" OF COMING HERE!
    stoptheinvaders, Judy and jtdc like this.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

  3. #3
    Senior Member Airbornesapper07's Avatar
    Join Date
    Aug 2018
    Posts
    17,543
    What did Judge Hanen say about DACA?

    September 2, 2018

    The whole mess becomes more and more of a disaster.

    What did Judge Hanen say about DACA?

    By Silvio Canto, Jr.

    As we've posted before, only Congress can save DACA.
    In other words, only the U.S. Congress has the constitutional authority to create a special path to legalization for the "DREAMers." (In the interest of full disclosure, I support a limited plan that offers legalization based on behavior and schoolwork. My plan would provide a work visa but no path to citizenship.)
    Judge Hanen confused things even more by writing an opinion that is a win and a loss for the DREAMers.
    It's a win because it keeps DACA in life support for a bit longer.
    It's a loss because Judge Hanen made it clear, in his words, that he would likely terminate DACA.
    Furthermore, what program are DREAMers going to sign up for? There is no DACA. It phased out last September.
    So DACA lives on for a bit longer, but not too much longer.
    President Trump put a plan on the table to legalize 2 million DREAMers months ago. The Democrats decided that playing resistance was a better option.
    My suggestion to DREAMers: Get on the phone and tell the "resistance" to negotiate with President Trump.
    Here are the political realities facing DREAMers, no matter what wave comes in November:
    1. It takes 60 votes to pass anything in the U.S. Senate. At the moment, there are 49 Democrats, but six represent red states, and they did not go along with Minority Leader Schumer in February to shut down the government over DACA. At the moment, polls indicate that Democrats in North Dakota, Missouri, and Indiana will lose re-election.
    Moral of the story: No blue wave will get Democrats a majority in the U.S. Senate. On other hand, the GOP could pick three or four Senate seats, making DACA even more difficult to pass without border restrictions, employer sanctions, and some of the other things President Trump put on the table.
    2. President Trump, assuming that some version gets 60 votes in the U.S. Senate, can veto DACA. In that case, it would take two thirds of the Congress to override a presidential veto.
    Second moral of the story: The DACA decision will have to go through President Trump's desk.
    I sympathize with the DREAMers. They were used by President Obama to create some excitement in the Mexican-American community when polls showed little enthusiasm for him in the summer of 2012.
    The DREAMers were basically given a check without funds, and now they can't cash it anywhere.
    Again, the DREAMers need to call their Democrat friends and tell them to sit down and negotiate with President Trump.
    Otherwise, we will go from judge to judge until it reaches the Supreme Court. As Judge Hanen said, DACA is very likely to lose in the courts.

    PS: You can listen to my show (Canto Talk) and follow me on Twitter.


    https://www.americanthinker.com/blog...bout_daca.html

  4. #4
    Senior Member Beezer's Avatar
    Join Date
    Apr 2016
    Posts
    16,226
    I have NO sympathy for "dreamers", they are here illegally, they are liars, cheats and frauds! Their whole corrupt family including the parents and adults who brought them here.

    It is a CRIME ring! And that is what they are the minute they step foot on our soil!

    I have 100% sympathy for my fellow American citizens who are affected by this INVASION each and every day.

    Shut DACA down and send the whole family packing!

    NO AMNESTY NUMBER EIGHT! NO PATH TO STAY...GET OUT AND GET IN LINE LIKE EVERYBODY ELSE!
    Judy, Airbornesapper07 and jtdc like this.
    TO BECOME AN AMERICAN YOU MUST CHANGE YOUR VALUES ...NOT YOUR LOCATION

    STAY HOME AND BUILD AMERICA ON YOUR SOIL

Similar Threads

  1. Supreme Court decision deals blow to health coverage efforts in California
    By lorrie in forum illegal immigration News Stories & Reports
    Replies: 3
    Last Post: 06-25-2016, 10:29 PM
  2. Supreme Court Sets Stage for Epic Immigration Showdown Before Election
    By Newmexican in forum illegal immigration News Stories & Reports
    Replies: 0
    Last Post: 12-02-2015, 11:19 AM
  3. Supreme Court Deals Blow to Racial Redistricting
    By Newmexican in forum Other Topics News and Issues
    Replies: 0
    Last Post: 04-09-2015, 05:28 AM
  4. Replies: 0
    Last Post: 08-10-2014, 11:26 AM
  5. The Supreme Court Deals Blow To Public-Sector Unions
    By kathyet2 in forum Other Topics News and Issues
    Replies: 0
    Last Post: 07-01-2014, 09:06 AM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •