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DACA Law Suit 2018 by TX

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RTH10260
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DACA Law Suit 2018 by TX

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Post by RTH10260 »

Judge Rules DACA Is Unlawful and Suspends Applications
The judge said President Barack Obama exceeded his authority when he created the program, but for now people protected under it will retain the ability to stay and work in the United States.

By Miriam Jordan
July 16, 2021 Updated 8:26 p.m. ET

A federal judge in Texas on Friday ruled unlawful a program that has shielded hundreds of thousands of undocumented young adults from deportation, throwing into question yet again the fate of immigrants known as Dreamers.

The judge, Andrew S. Hanen of the United States District Court in Houston, said President Barack Obama exceeded his authority when he created the program, Deferred Action for Childhood Arrivals, by executive order in 2012.

But the judge wrote that current program recipients would not be immediately affected, and that the federal government should not “take any immigration, deportation or criminal action” against them that it “would not otherwise take.”

The Department of Homeland Security may continue to accept new applications but is temporarily prohibited from approving them, the judge ruled. Immigrants currently enrolled in the program, most of whom were brought to the United States as children, will for now retain the ability to stay and work in the country, though those protections could evaporate if the government is unable to rectify a series of legal shortcomings.

Judge Hanen, who was appointed by President George W. Bush, ruled that the creation of the program violated the Administrative Procedure Act, in part because comment from the general public was never sought. “D.H.S. failed to engage in the statutorily mandated process,” he wrote, “so DACA never gained status as a legally binding policy that could impose duties or obligations.”

The Biden administration is expected to appeal the ruling, and unless Congress steps in with a legislative remedy, the ultimate legality of DACA is almost certain to be decided by the Supreme Court.



https://www.nytimes.com/2021/07/16/us/c ... amers.html
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Estiveo
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Re: DACA

#2

Post by Estiveo »

Judge Hanen, because of course it is.
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Re: DACA

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Post by neonzx »

Oh, a Texas Judge. I'm shocked.

DACA is Deferred Action for Childhood Arrivals. It's not a free-pass nor a cakewalk to get that card (that must be re-upped $$ every two years). I've seen people fail. Because they have to be better than the average asshole "citizens" of society.
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Re: DACA

#4

Post by realist »

Estiveo wrote: Sat Jul 17, 2021 12:16 am Judge Hanen, because of course it is.
Indeed.

Another good case of judge shopping by the GOP.
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Re: DACA

#5

Post by bob »

This isn't a new case; it is the one filed in 2018 by Texas.
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DACA Law Suit 2018 by TX

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Post by RTH10260 »

bob wrote: Sat Jul 17, 2021 11:55 am This isn't a new case; it is the one filed in 2018 by Texas.
thread title updated
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Re: DACA Law Suit 2018 by TX

#7

Post by Volkonski »

“If everyone fought for their own convictions there would be no war.” ― Leo Tolstoy, War and Peace
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