PDA

View Full Version : Federal judge says Trump must fully restore DACA




Zippyjuan
08-03-2018, 03:40 PM
http://thehill.com/homenews/administration/400332-federal-judge-says-trump-must-fully-restore-daca


A federal judge ruled Friday that the Trump administration must full restore the Deferred Action for Childhood Arrivals (DACA) program.

In his 25-page opinion, Judge John Bates said the Trump White House had again failed to provide justification for its proposal to end the Obama-era program, under which nearly 800,000 people brought to the country illegally as children, known as "Dreamers," have received work permits and deferral from deportation.

The judge also said in his opinion that he has agreed to delay his ruling to give the Trump administration 20 days "to determine whether it intends to appeal the Court’s decision and, if so, to seek a stay pending appeal."

Trump has publicly said he favored DACA and proposed a path to citizenship for them. but also called for ending it.

phill4paul
08-03-2018, 04:02 PM
Another swamp creature rising from the muck. John Bates loves him some meta-data collections, too.

Swordsmyth
08-03-2018, 04:06 PM
This will be overruled.

dannno
08-03-2018, 04:15 PM
The Judge must be hoping to get laid tonight.

spudea
08-03-2018, 05:16 PM
What a joke judge. He says the rescission of DACA is subject to judicial review because it is an administrative action, not enforcement discretion. He deliberately ignores the memo establishing DACA was claimed to be enforcement discretion, not an administrative action, thus not subject to judicial review or the Administrative Procedures Act.

angelatc
08-03-2018, 05:50 PM
Yeah, this will go to SCOTUS and SCOTUS will smack it down. Obama had no right to create the program.

oyarde
08-03-2018, 06:03 PM
I would never reinstate it . As a public servant your job is to represent the people in a positive manner. DACA does not add value . Next .

Anti Globalist
08-03-2018, 06:12 PM
DACA shouldn't of even existed in the first place.

timosman
08-03-2018, 06:57 PM
The judge should be disbarred. :cool:

Swordsmyth
08-03-2018, 07:00 PM
The judge should be disbarred. :cool:

Trump needs to start pursuing disbarment and impeachment against these leftist lunatics, then he can replace them.

spudea
08-03-2018, 08:28 PM
Nov 20, 2014, DAPA was implemented via DHS memo, Texas challenged in court and multiple courts upheld an injunction preventing implementation. June 15, 2017 DAPA was rescinded via DHS memo, no one challenged it in court.

DACA was implemented via DHS memo, this shit judge prevents it from being rescinded via DHS memo.

Swordsmyth
08-07-2018, 01:13 AM
Attorney General Jeff Sessions on Monday unloaded on a federal judge who ordered the administration to reinstate the Obama-era Deferred Action for Childhood Arrivals (DACA) policy last week, saying the ruling was "improper" and vowing to keep up enforcement efforts against illegal immigration "aggressively."
Sessions added that the judge had effectively "eviscerated" the legal authority of the executive branch and Congress, and strongly suggested the administration would appeal the ruling.
The Trump administration announced last year (http://www.foxnews.com/politics/2017/09/05/trump-administration-ends-daca-with-6-month-delay.html) it would end DACA, which was implemented by the Obama administration using executive authority and protects illegal immigrants brought to the U.S. as children from deportation. However, the Republican-controlled Congress has failed to agree to a permanent statutory replacement (http://www.foxnews.com/politics/2018/06/27/gop-compromise-immigration-bill-defeated-on-house-floor.html) for the program, despite several legislative attempts.
Federal judges have since barred the administration (http://www.foxnews.com/politics/2018/01/10/trump-blasts-court-system-as-broken-unfair-after-daca-ruling.html) from ending the program entirely, saying it would be acceptable only to shut down future enrollment in DACA because existing applicants had already relied on it. But the ruling by U.S. District Judge John Bates went a step further by ordering authorities to essentially reinstate DACA in full.
In a statement, Sessions decried Bates' ruling as one of a "number of decisions in which courts have improperly used judicial power to steer, enjoin, modify, and direct executive policy."

"The judicial branch has no power to eviscerate the lawful directives of Congress—nor to enjoin the executive branch from enforcing such mandates," Sessions said.

"This ignores the wisdom of our Founders and transfers policy making questions from the constitutionally empowered and politically accountable branches to the judicial branch," he added. "It also improperly undermines this Administration’s ability to protect our nation, its borders, and its citizens. The Trump Administration and this Department of Justice will continue to aggressively defend the executive branch's lawful authority and duty to ensure a lawful system of immigration for our country."


On Monday, Sessions said the DACA ruling -- which the Trump administration can appeal within 20 days -- would not stop or slow efforts to curb illegal immigration.
"The last administration violated its duty to enforce our immigration laws by directing and implementing a categorical, multipronged non-enforcement immigration policy for a massive group of illegal aliens," Sessions said, adding that the Trump White House has "simply reestablished the legal policies consistent with the law."
Sessions suggested that the Justice Department would appeal Bates' ruling.
"The executive branch’s authority to simply rescind a policy, established only by a letter from the Secretary of the Department of Homeland Security, is clearly established," he said. "The Department of Justice will take every lawful measure to vindicate the Department of Homeland Security’s lawful rescission of DACA."

More at: http://www.foxnews.com/politics/2018/08/06/sessions-rips-federal-judge-for-improperly-reinstating-daca-eviscerating-executive-power.html

timosman
08-07-2018, 01:14 AM
Sessions is alive?:confused:

Swordsmyth
08-08-2018, 04:21 PM
For several months, the Deferred Action for Childhood Arrivals (DACA) (https://www.vox.com/policy-and-politics/2017/8/31/16226934/daca-trump-dreamers-immigration) program has quietly shambled along in a zombielike state.
The Trump administration had announced in September 2017 that it was sunsetting the program, which had temporarily protected from deportation young adult unauthorized immigrants who came to the US as children.
But then this January, a federal court partially blocked the administration’s move (https://www.vox.com/2018/1/10/16872766/daca-trump-court-ruling-renew), allowing some 700,000 unauthorized immigrants who were already protected under the program to renew their applications.
That limbo may come to an abrupt end in the next few weeks. A couple of court cases could determine whetherDACA could be reanimated entirely — or killed for good.
On Friday, a federal judge in DC ruled to undo the administration’s decision to end DACA — and decreed that unless the Trump administration could get the DC Circuit Court to put a hold on his decision, it would have to start accepting new applications for protection under DACA on August 23.
But while the clock ticks in DC, a federal judge in Texas will hear a case trying to shut down DACA entirely — and the question isn’t whether the judge, known as an immigration hawk, will rule in favor of killing DACA, but when he’ll do it.
At some point, the government is almost certainly going to be under simultaneous mutually contradictory orders from twofederal judges: to continue processing applications under DACA, and to stop doing just that.
It’s largely uncharted constitutional territory. The Supreme Court will almost certainly be asked to interrupt its summer recess to weigh in. But with only eight members on the Court (https://www.vox.com/policy-and-politics/2018/6/25/17461318/anthony-kennedy-ideology-retirement-supreme-court), split 4-4 along ideological lines, it’s not clear whether the crisis will be resolved.
Ultimately, DACA’s days are numbered — that’s been true ever since President Donald Trump arrived in office. But the next few weeks will determine whether immigrants protected under the program will remain safe for a few more years, or whether they’ll start becoming vulnerable to deportation in the near future.

More at: https://www.vox.com/policy-and-politics/2018/8/7/17655450/trump-daca-immigration-court-texas-judge-ruling

spudea
08-18-2018, 11:17 AM
Same "judge" now reverses his own ruling

https://www.washingtontimes.com/news/2018/aug/18/judge-halts-full-daca-restart/


The federal judge who had ordered the government to restart the Obama-era DACA deportation amnesty in full backed off his decision Friday and said the government does not, after all, have to begin accepting brand new applications.

Judge John D. Bates acknowledged the legal mess that’s arisen around DACA and said he didn’t want to make it worse, so he issued a partial stay of his own ruling.
That means that while illegal immigrant “Dreamers” who already have had DACA protections can apply for renewals, no brand new applicants can apply to start the process.

Judge Bates also delayed part of his previous ruling that would have allowed those with DACA to apply for special protections known as advance parole — permission to travel outside the U.S. and then return — which can, in some cases, turn into a pathway to citizenship.

Hundreds of DACA recipients had exploited that loophole under the Obama administration, but the Trump administration had shut it down.

The government had said that if DACA were completely restarted more than 100,000 new applications would be filed, as well as 30,000 requests for advance parole. That would overwhelm U.S. Citizenship and Immigration Services, the agency that handles the applications, Judge Bates ruled.

He said he realized illegal immigrants were being denied rights he said they were entitled to, but said he feared the confusion that would result.

“Because that confusion would only be magnified if the court’s order regarding initial DACA applications were to take effect now and later be reversed on appeal, the court will grant a limited stay of its order and preserve the status quo pending appeal, as plaintiffs themselves suggest,” he said in a short opinion late Friday.

Immigrant-rights advocates, who had originally wanted a full restart, eventually changed their minds and agreed with the split ruling of no new DACA applications, but renewals could be processed.

That decision was based on a legal gamble.

DACA cases are pending in three courts right now. Judge Bates‘ case is likely to be appealed to the circuit court in Washington, D.C., while circuit courts are already handling appeals of similar decisions from California and New York.

Each of those lawsuits challenged the Trump administration’s decision last year to phase out DACA. The judges in those cases ruled that the Trump administration cut too many corners, and so the phaseout is illegal.

But another case in Texas involves a challenge to the original 2012 Obama administration decision to create DACA in the first place. If that judge were to rule against DACA it would create a messy situation where the program itself is illegal — but so is the phaseout.

The activists in the case before Judge Bates figured that they could undercut the anti-DACA Texas case by agreeing not to allow new DACA permits to be granted.

timosman
08-18-2018, 11:34 AM
Same "judge" now reverses his own ruling

https://www.washingtontimes.com/news/2018/aug/18/judge-halts-full-daca-restart/

Brain fart? :confused:

Swordsmyth
08-18-2018, 01:50 PM
Same "judge" now reverses his own ruling

https://www.washingtontimes.com/news/2018/aug/18/judge-halts-full-daca-restart/

He probably realized that when all is said and done it will be used as a deportation list.

enhanced_deficit
11-28-2018, 01:55 PM
Despite some earlier theories, this is unrelated:

Mexico's Highest award for Trump son-in-law (http://www.ronpaulforums.com/showthread.php?528775-Mexico-s-Highest-award-for-Trump-son-in-law-Senator-blames-Trump-policies-for-GM-plants-shut&)