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-   -   Supreme Court rejects Texas and Louisiana challenge to Biden deportation priorities (http://dreamact.info/forum/showthread.php?t=85580)

Swim19 06-23-2023 01:39 PM

Supreme Court rejects Texas and Louisiana challenge to Biden deportation priorities
 
Quote:

The Supreme Court, in an 8-1 ruling on Friday, revived the Biden administration’s immigration guidelines that prioritize which noncitizens to deport, dismissing a challenge from two Republican state attorneys general who argued the policies conflicted with immigration law.

The court said the states, Texas and Louisiana, did not have the “standing,” or the legal right, to sue in the first place in a decision that will further clarify when a state can challenge a federal policy in court going forward.

The US Supreme Court building is seen in Washington, DC, on April 6.
Supreme Court upholds provision of federal law that prohibits encouragement of illegal immigration.

The ruling is a major victory for President Joe Biden and the White House, who have consistently argued the need to prioritize who they detain and deport given limited resources. By ruling against the states, the court tightened the rules concerning when states may challenge federal policies with which they disagree. The Biden administration policy was put on pause by a federal judge nearly two years ago and the Supreme Court declined to lift that hold last year.

Quote:

Justice Brett Kavanaugh wrote Friday’s majority opinion in the case.

“In sum, the states have brought an extraordinarily unusual lawsuit,” Kavanaugh wrote, in an opinion joined by Chief Justice John Roberts, and Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. “They want a federal court to order the Executive Branch to alter its arrest policies so as to make more arrests. Federal courts have not traditionally entertained that kind of lawsuit; indeed, the States cite no precedent for a lawsuit like this.”
https://www.cnn.com/2023/06/23/polit...uit/index.html

2MoreYears 06-23-2023 02:08 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Is this regarding the Texas lawsuit and the other 12 or so states ?

PapiChulo 06-23-2023 03:28 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Thats crazy it got an 8-1 vote. idk, man. This SCOTUS has been "pro-immigration" in their rulings regarding immigration. If this is the case, the Biden administration has the right to prioritize on who to deport or who can get deferred action but who knows, i can be wrong.

ECDreams6674 06-23-2023 04:23 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Can this impact negatively or positively DACA??

IamAman 06-23-2023 08:16 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
This is actually great news. It means that they won't be going after fathers dropping off their children at school or hanging around city courts to arrest someone for a speeding ticket.

dtrt09 06-23-2023 08:44 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by PapiChulo (Post 770458)
Thats crazy it got an 8-1 vote. idk, man. This SCOTUS has been "pro-immigration" in their rulings regarding immigration. If this is the case, the Biden administration has the right to prioritize on who to deport or who can get deferred action but who knows, i can be wrong.

Yah, to take off the heat from their corruption shenanigans!!

dtrt09 06-23-2023 08:45 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
But in all seriousness, this now opens the door for the administration to grant DAPA/Expanded DACA. And if right-wingers don't like it, then pass immigration reform!!!!!

Swim19 06-24-2023 07:27 AM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Vox wrote an article analyzing the ruling and from reading that found this:

Finally, Kavanaugh’s opinion also says that “a challenge to an Executive Branch policy that involves both the Executive Branch’s arrest or prosecution priorities and the Executive Branch’s provision of legal benefits or legal status could lead to a different standing analysis.” That language reads like it was tailor-made to allow legal challenges to DACA, a program that allows hundreds of thousands of undocumented immigrants to live and work in the United States, to move forward.

https://www.vox.com/platform/amp/sco...rett-kavanaugh

ECW 06-24-2023 09:45 AM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by Swim19 (Post 770463)
Vox wrote an article analyzing the ruling and from reading that found this:

Finally, Kavanaugh’s opinion also says that “a challenge to an Executive Branch policy that involves both the Executive Branch’s arrest or prosecution priorities and the Executive Branch’s provision of legal benefits or legal status could lead to a different standing analysis.” That language reads like it was tailor-made to allow legal challenges to DACA, a program that allows hundreds of thousands of undocumented immigrants to live and work in the United States, to move forward.

https://www.vox.com/platform/amp/sco...rett-kavanaugh


So there's a chance Roberts and Kavanaugh could save DACA....

PapiChulo 06-24-2023 05:41 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by ECW (Post 770464)
So there's a chance Roberts and Kavanaugh could save DACA....

yeah but if thats the case, we are stuck with it forever and we’ll be at the mercy of every Presidential administration change every election.

hDreamer1988 06-24-2023 08:52 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Finally, Kavanaugh’s opinion also says that “a challenge to an Executive Branch policy that involves both the Executive Branch’s arrest or prosecution priorities and the Executive Branch’s provision of legal benefits or legal status could lead to a different standing analysis.” That language reads like it was tailor-made to allow legal challenges to DACA, a program that allows hundreds of thousands of undocumented immigrants to live and work in the United States, to move forward.
I think he is separating the concepts of arrest and prosecution priorities with legal benefits... This will allow the states to challenge daca because we get "legal benefits" such as an EAD... To me, it sounds like he already made his decision in regard to daca by saying that the executive brank can choose not to deport us but we cannot get any legal benefits (no EAD).

DACA-IR-DA 06-24-2023 08:56 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Expanded DACA/DAPA can revived? If so, I hope IamIman gets it.

lalaland45 06-26-2023 04:48 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by Swim19 (Post 770463)
Vox wrote an article analyzing the ruling and from reading that found this:

Finally, Kavanaugh’s opinion also says that “a challenge to an Executive Branch policy that involves both the Executive Branch’s arrest or prosecution priorities and the Executive Branch’s provision of legal benefits or legal status could lead to a different standing analysis.” That language reads like it was tailor-made to allow legal challenges to DACA, a program that allows hundreds of thousands of undocumented immigrants to live and work in the United States, to move forward.

https://www.vox.com/platform/amp/sco...rett-kavanaugh

the Vox article is saying the quote from Kavanaugh is opening doors to legally challenge DACA, not that they will support DACA.

Got_Daca 06-29-2023 04:55 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by hDreamer1988 (Post 770467)
I think he is separating the concepts of arrest and prosecution priorities with legal benefits... This will allow the states to challenge daca because we get "legal benefits" such as an EAD... To me, it sounds like he already made his decision in regard to daca by saying that the executive brank can choose not to deport us but we cannot get any legal benefits (no EAD).

Then we can start businesses and/or work under LLC.

Duh.

Swim19 06-29-2023 05:59 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Found this on r/DACA. Some lawyers think this is all a positive development for the DACA lawsuit:

1) http://blog.cyrusmehta.com/2023/06/w...on-polici.html

2) https://reason.com/volokh/2023/06/26...ca-litigation/

3) audio link - immigration hour :

IamAman 06-30-2023 06:30 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by Swim19 (Post 770479)
Found this on r/DACA. Some lawyers think this is all a positive development for the DACA lawsuit:

1) http://blog.cyrusmehta.com/2023/06/w...on-polici.html

2) https://reason.com/volokh/2023/06/26...ca-litigation/

3) audio link - immigration hour :

This is all very positive. I hope Biden shows initiative and as soon as the lawsuit is dropped due to lack of standing that DACA is updated to include both aged out Dreamers and aged in Dreamers. This is the only way we have to find some sort of status.

DACA-IR-DA 07-01-2023 10:14 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by IamAman (Post 770485)
This is all very positive. I hope Biden shows initiative and as soon as the lawsuit is dropped due to lack of standing that DACA is updated to include both aged out Dreamers and aged in Dreamers. This is the only way we have to find some sort of status.

So next year it is!

ECW 07-02-2023 01:49 AM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by Swim19 (Post 770479)
Found this on r/DACA. Some lawyers think this is all a positive development for the DACA lawsuit:

1) http://blog.cyrusmehta.com/2023/06/w...on-polici.html

2) https://reason.com/volokh/2023/06/26...ca-litigation/

3) audio link - immigration hour :

Y’all listen to the audio link. I think this case might have very well save DACA. It will be interesting to see how the case move forward.

hDreamer1988 07-02-2023 01:51 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Y’all listen to the audio link. I think this case might have very well save DACA. It will be interesting to see how the case move forward.
It was very informative and he makes valid points... Daca can be saved for now, not sure what will happen when a Republican takes the WH.

Unfortunately, daca started when I was in my early 20s so I won't be able to adjust to some of the means he talked about such as employment.

PapiChulo 07-02-2023 03:45 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

Originally Posted by hDreamer1988 (Post 770494)
It was very informative and he makes valid points... Daca can be saved for now, not sure what will happen when a Republican takes the WH.

Unfortunately, daca started when I was in my early 20s so I won't be able to adjust to some of the means he talked about such as employment.

marriage is the only way at this point, brother.

and yes i believe DACA is safe for the foreseeable future but we are at the mercy of every administration change.

hDreamer1988 07-02-2023 08:04 PM

Re: Supreme Court rejects Texas and Louisiana challenge to Biden deportation prioriti
 
Quote:

marriage is the only way at this point, brother.

and yes i believe DACA is safe for the foreseeable future but we are at the mercy of every administration change.
The best thing for us is to make daca too big to fail... so big that if it end, it would sink the economy. I hope biden is able to adjust the program so we get a longer work permit and new people can sign up.


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