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Thread: Is Trump Going to Cancel DACA or Not?

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  1. #21
    Super Moderator GeorgiaPeach's Avatar
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    Judy, where does it say DACA expires? I may have overlooked it but I did not see an end date.
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  2. #22
    Senior Member MontereySherry's Avatar
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    Quote Originally Posted by GeorgiaPeach View Post
    Judy, where does it say DACA expires? I may have overlooked it but I did not see an end date.
    There is no end date. The only way it will have an end date is if Congress passes a law or if the President ends it with a memo/EO.

  3. #23
    Senior Member Judy's Avatar
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    The original program DACA 2012 was for 2 years. That's why it was renewed in June 2014 by Obama who tried to make it for 3 years, but only with 2 year work permits as prescribed in the original DACA. That means it ends in 2017. Sean Spicer said in a briefing a few weeks ago it expired on its own in June of 2017. But the CATO Institute is showing all the DACA 2012 2-year work permits under the original program, as renewed, run out in March 2019 meaning that the latest ones to be issued under the Obama DACA renewal will be in March 2017, expiring 2 years later in March 2019.

    This is what I'm basing it on.
    Last edited by Judy; 02-23-2017 at 12:09 AM.
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  4. #24
    Senior Member Judy's Avatar
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    Quote Originally Posted by MontereySherry View Post
    There is no end date. The only way it will have an end date is if Congress passes a law or if the President ends it with a memo/EO.
    A deferred action has to have a time period. It can not be forever. The original time period was 2 years. It was renewed by Obama for 3 years in June 2014. That means under normal law that it expires on or before June 2017. Obama tried to sneak in 3 year work permits on that but Judge Hanen threw a fit and said that was an "expansion" and stopped it. Remember the big fiasco about the Justice Department lawyers lying to the Judge about how many of the 3 year work permits had been sent out and then they were trying to get them back? Those lawyers were sanctioned because they lied to Hanen about how many had been sent out, and whether or not any more had been sent after his halt to it. But CATO Institute in December of last year, 2 months ago, compiled the expiration dates of the work permits that could be issued and shows them all expiring by March 2019. So the original DACA may have started in March 2012, expiring in March of 2014, then renewed in June 2014 but still going back to the original start date.

    It can't go on forever as a deferred action. Deferred action has to have a time period for the deferral and be relatively short like 2 years.
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  5. #25
    Super Moderator GeorgiaPeach's Avatar
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    In reading, I did not think there was an end date as MontereySherry mentions. I understood that as long as the site was up and running and applications and renewals were processed, it went forward with the hopes that legislation in the future would make it a permanent amnesty.

    By the President not ending the program day one or two or three, etc., many who believed he would end it are now rightfully wondering if he too may be waiting for Congress to bring forth dreamer legislation to end it. If we read good arguments to wait we may consider those.


    It would be good to check off DACA as no longer an amnesty avenue for illegal aliens to gain drivers licenses, social security numbers, work authorization, a way to illegally vote, a way to claim and take more from Americans, a way to gain legalization and citizenship.
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  6. #26
    Senior Member Judy's Avatar
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    Do you all realize that Obama didn't actually start DACA 2012 with an Executive Order? It's a memo directive by Janet Napolitano as head of DHS, so Trump doesn't need to do an EO to reverse it. General Kelly as her counterpart can and should do it. It's just a DHS "directive" within the prioritization of deportation resource parameters required by Congress.

    In 2014, Obama announced his Executive Order to expand DACA and add DAPA. The Texas lawsuit stopped both of those with the injunction.

    So the Secretary of Homeland Security, General Kelly, should be able to change the DHS "directive" from the 2012 DACA issued by Napolitano.

    It's like the more research one does, the more confusing it becomes.

    I guess that's why there was no legal challenge to the 2012 DACA to begin with, not by Congress because on the surface it was done to comply with Congress's law it passed concerning priority utilization of allocated resources. Some members of Congress tried to defund it, only to be told they had no authority over it because USCIS didn't operate on appropriations but it's own fees collected from illegal aliens. They even raised the fees to collect more money for it. Ugh!

    Do you all remember when we were furious to learn this about the fees and independence of USCIS? This all came out when Congress tried to stop DACA 2012 by "defunding it".

    Oh man, what a mess. Trump is right, our government is a total mess. TOTAL MESS.
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  7. #27
    MW
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    Judy wrote:

    Do you all realize that Obama didn't actually start DACA 2012 with an Executive Order? It's a memo directive by Janet Napolitano as head of DHS, so Trump doesn't need to do an EO to reverse it. General Kelly as her counterpart can and should do it. It's just a DHS "directive" within the prioritization of deportation resource parameters required by Congress.
    Yes I did know that and have already said in another thread that all is required to end the DACA program is a memo from Secretary Kelly. Of course he's not going to do that without Trump's say so.

    Here's the memorandum:

    https://www.dhs.gov/xlibrary/assets/...s-children.pdf

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  8. #28
    Senior Member MontereySherry's Avatar
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    Yes, Judy it is very confusing. I knew it was a memo, remember we inherited Napolitano. The problem is that on all of the directions for DACA and 2017 renewal it says nothing about it ending. So, of course the Dreamers are all under the impression, that it will go on forever or until Congress gives them amnesty. One problem is that we were told that this was going to give them all authorization to work or go to school. It looks now like a lot of them are doing neither. In California, DACA authorizes them to receive MediCal our form of Medicaid. I wonder how many of them are also receiving welfare benefits through their children. I know a lot of them had previous deportation orders. Like most everything they have found all the ways of gaming the system.

  9. #29
    Senior Member Judy's Avatar
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    Well, then, Trump just needs to defer to DHS for their judgment on prosecutorial discretion. You know the same way the CORRUPT MEDIA thinks he should defer to DOJ and Secretary of State and Department of Defense and CIA .... Kelly should just end it, quickly and quietly. It doesn't even need a press release in my opinion let alone the involvement of the President.

    Keep Trump out of it. He doesn't even need to be involved in reversing the 2012 DACA. He may need to ultimately do something on the 2014 Obama EO's, or he may just let DOJ handle them. At least for now that Expanded DACA and DAPA are stopped by the courts. If DOJ refuses to defend, then the States win, and the courts decided by default.
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  10. #30
    Senior Member Judy's Avatar
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    Quote Originally Posted by MontereySherry View Post
    Yes, Judy it is very confusing. I knew it was a memo, remember we inherited Napolitano. The problem is that on all of the directions for DACA and 2017 renewal it says nothing about it ending. So, of course the Dreamers are all under the impression, that it will go on forever or until Congress gives them amnesty. One problem is that we were told that this was going to give them all authorization to work or go to school. It looks now like a lot of them are doing neither. In California, DACA authorizes them to receive MediCal our form of Medicaid. I wonder how many of them are also receiving welfare benefits through their children. I know a lot of them had previous deportation orders. Like most everything they have found all the ways of gaming the system.
    Oh most of them are gaming the system, especially the breeders. Under the 2012 DACA they were to receive NO WELFARE and NO FINANCIAL AID FOR SCHOOL. You know they cheated, how else are they living and supporting children and going to school? And they're running drugs, their parents are running drugs, they're running drugs, it's all a huge criminal mess.

    Yes, MonterreySherry, they are ALL GAMING THE SYSTEM, and have been the same as their parents, from the day they stepped foot on US soil.

    General Kelly, do the right thing and STOP THIS MADNESS! Don't force Trump to have to do this for you. YOU DO IT. It's your job. You may not know that yet, but it's a "directive", it's not an Executive Order, it's well within your every day functions to reverse, the same way DOJ decides what cases to take and what not to take, they don't consult with the President on normal every day "prosecutorial discretions". It's why we have Cabinet members to sweat the details so our President can work on the economy, bringing our jobs back, putting Americans back to work at our jobs, many of them stolen by illegal aliens, helping American Kids get seats in good colleges and universities, fixing the tax code, health insurance, rebuilding our military, solving Syria, Iran, North Korea, and the Middle East, fixing the inner cities, upgrading our infrastructure, and yes making friends with Russia so we can help both economies from all the opportunities between US and Russia and disarm nuclear weapons across the globe to make the whole world much safer.
    Last edited by Judy; 02-23-2017 at 02:10 AM.
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