President Trump Rescinds DAPA – Obama’s Unlawful Executive Action Deferring Deportati

President Trump Rescinds DAPA – Obama’s Unlawful Executive Action Deferring Deportation…

Posted on June 16, 2017 by sundance


An important point before the details: ♦The hero in this entire constitutional story is Federal Judge Andrew Hanen (Full Backstory)♦


Yesterday, Homeland Security Secretary John Kelly announced the DAPA program was officially rescinded:

(VIA DHS) On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy. (link)

https://theconservativetreehouse.fil...pg?w=640&h=404


D.A.P.A or Deferred Action for Parents of Americans and Lawful Permanent Residents program – was the executive action Obama attempted in November of 2014 which was shut down by Federal Judge Andrew Hanen in February 2015 with the issuance of an emergency injunction.

• The DOJ appealed the Judge Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
• The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
• The DOJ filed an appeal with the US Supreme Court.
• On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
• April 18th, 2016, the court heard oral arguments –full pdf transcript –
• On June 24, 2016 the Supreme Court upheld the injunction. –full pdf ruling–

It’s important to note the underlying constitutionality of the case was NEVER heard in Judge Hanen’s court. After Hanen put the emergency injunction in place to stop DAPA from being carried out, all of the Obama DOJ action was directed at removing the injunction.


However, in an unusual twist, in order to establish the scope of the state and federal argument, the Supreme Court did expand their June ’16 hearing beyond the injunction to listen to the underlying merit of the Obama administration’s arguments. They issued a one sentence ruling:

“The judgement is affirmed by an equally divided court.”

https://theconservativetreehouse.fil...ling.jpg?w=640



(Via Daily Caller) The Trump administration has fulfilled another one of Donald Trump’s campaign promises by rescinding the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program implemented under Barack Obama that could have allowed as many as five million illegal aliens with children who are citizens or lawful permanent residents to remain in the country if they met certain criteria. (more)

Related

Supreme Court To Hear Oral Arguments On Obama "Executive Action" (DAPA Amnesty) Tomorrow...In "Big Government"
SCOTUS Splits 4-4 On Obama's Executive Amnesty - Lower Court Ruling Stands - DAPA Blocked...In "A New America"
BREAKING - Full Transcript of Today's Supreme Court Oral Arguments - Obama'sExecutive Amnesty "DAPA"...



https://theconservativetreehouse.com...g-deportation/

Just going through the motions with no true benefit. The courts had already rejected DAPA.

Quote:

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• The DOJ appealed the Judge Hanen injunction, on merit, to the 5th Circuit Court of Appeals and lost.
• The DOJ then appealed the Hanen injunction, on standing, to the 5th Circuit Court of Appeals, and lost again. (Full Backstory) <– Absolutely critical read to understand the scope of case – includes prior court rulings.
• The DOJ filed an appeal with the US Supreme Court.
• On January 19th, 2016 the U.S. Supreme Court agreed to hear the case.
• April 18th, 2016, the court heard oral arguments –full pdf transcript –
• On June 24, 2016 the Supreme Court upheld the injunction. –full pdf ruling–

---

Quote:

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On June 24, 2016 the Supreme Court upheld the injunction.

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An injunction is just a stay to delay implementation pending a trial on the merits.

Frequently Asked Questions: Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)




Release Date:
June 15, 2017

Q. Why is DHS rescinding the policy?

A. Secretary Kelly considered a number of factors, including the nationwide injunction of the DAPA memorandum, the ongoing litigation, the fact that DAPA never took effect, and our new immigration enforcement priorities.
Q: Why was DAPA never implemented?

A: Federal courts halted the policy before it was implemented.
Q. What were the factors to be considered for DAPA?

1. To request consideration for deferred action under DAPA, the alien must have satisfied the following criteria:
   
   • as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;
   • have continuously resided here since before January 1, 2010;
   • have been physically present here on November 20, 2014, and when applying for relief;
   • have no lawful immigration status on that date;
   • not fall within the Secretary’s enforcement priorities; and
   • “present no other factors that, in the exercise of discretion, make[ ] the grant of deferred action inappropriate.”
   • The Memorandum also directed USCIS to expand the coverage criteria under the 2012 DACA policy to encompass aliens with a wider range of ages and arrival dates, and to lengthen the period of deferred action and work authorization from two years to three (“Expanded DACA”).

Q. Will this affect DACA?

A. This rescission will not affect the terms of the original DACA program as outlined in the June 15, 2012 memorandum.


Q. Does this mean that DACA recipients will not be able to apply for a three-year work authorization, as established in the DAPA memorandum?

A. DACA recipients will continue to be eligible as outlined in the June 15, 2012 memorandum. DACA recipients who were issued three-year extensions before the district court’s injunction will not be affected, and will be eligible to seek a two-year extension upon their expiration. No work permits will be terminated prior to their current expiration dates.



https://www.dhs.gov/news/2017/06/15/...action-parents