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-   -   Paxton's back - "An order permanently enjoining Defendants from issuing or renewing" (http://dreamact.info/forum/showthread.php?t=85477)

ralsingh 12-16-2022 05:26 PM

Paxton's back - "An order permanently enjoining Defendants from issuing or renewing"
 
Maybe an expedited shutting down of DACA is the last hope Congress will have to do something. Again, maybe.

Plaintiffs respectfully request that the Court issue the following relief
regarding the Final Rule:
A. An order permanently enjoining Defendants from issuing or renewing
any DACA permits in the future under the Final Rule;
B. An order vacating the Final Rule as substantively unlawful and
unconstitutional, and arbitrary and capricious under the APA;
C. A declaratory judgment that the Final Rule is substantively unlawful
under the APA;
D. A declaratory judgment that the Final Rule violates the Take Care
Clause;
E. A declaratory judgment that the Final Rule is arbitrary and capricious;
F. Any and all other relief to which Plaintiffs may be entitled.

https://www.texasattorneygeneral.gov...0Complaint.pdf

Gocchin Sama 12-16-2022 05:55 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
Full news release from Paxton's website:

Quote:

Paxton Leads Coali*tion to Defeat DACA After Biden Administration Attempts to Salvage the Illegal Immigration Policy

Attorney General Paxton is leading a coalition of states in pushing back against the Biden Administration’s attempts to save the illegal Deferred Action for Childhood Arrivals (“DACA”) program.

DACA is a program originally created by the Obama Administration that allows certain illegal aliens to stay in the United States, gain lawful employment, and receive taxpayer-funded benefits such as Social Security and Medicare.

Attorney General Paxton has consistently challenged DACA in court and won. After a district court found DACA to be unlawful, the New Orleans-based U.S. Court of Appeals for the Fifth Circuit affirmed that ruling by recognizing that the President lacked the authority to institute the program.

However, the Biden Administration is now attempting to implement its own DACA rule, and the Fifth Circuit remanded the review of the new rule to the U.S. District Court for the Southern District of Texas. Attorney General Paxton today filed a supplemental complaint to strike down the rule, which suffers from the same fundamental illegalities as the version of DACA implemented by President Obama.

“The Biden Administration is once again attempting to ignore the rule of law by abusing executive authority to implement its own version of mass amnesty,” said Attorney General Paxton. “But the fundamental issues with Obama’s DACA program are present in the Biden rule, and this complaint will move us one step closer to ending DACA in its totality.”
https://www.texasattorneygeneral.gov...al-immigration

hDreamer1988 12-16-2022 06:16 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
First of all, do we qualify for receive taxpayer-funded benefits such as Social Security and Medicare???

Second of all, there are 2 or 3 pending cases against Paxton, when are they going to get around to finally indicting him?

Third, the judge will look at the basis for the request or the immediate need. Since daca has been around for 10 years, it's safe to say there is no need to immediately stop daca since no harm is being done.

PapiChulo 12-16-2022 06:27 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
no rest for the wicked.

Demise 12-16-2022 06:53 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
Quote:

Originally Posted by hDreamer1988 (Post 769394)
First of all, do we qualify for receive taxpayer-funded benefits such as Social Security and Medicare???

Second of all, there are 2 or 3 pending cases against Paxton, when are they going to get around to finally indicting him?

Third, the judge will look at the basis for the request or the immediate need. Since daca has been around for 10 years, it's safe to say there is no need to immediately stop daca since no harm is being done.

No. You'd need to either be an LPR for 5 years, otherwise qualified for at least 5 years (e.g. have an approved VAWA or at least a prima facie determination from one, asylum, refugee status), or you must've entered before some date in 1996.

vft1008 12-16-2022 10:41 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
They want to give us a Christmas gift of love.

Erik1421 12-17-2022 04:30 AM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
The grinch. Deported by christmas. ��

gebodupa 12-17-2022 03:22 PM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
Quote:

Originally Posted by Demise (Post 769397)
No. You'd need to either be an LPR for 5 years, otherwise qualified for at least 5 years (e.g. have an approved VAWA or at least a prima facie determination from one, asylum, refugee status), or you must've entered before some date in 1996.

This is 100% incorrect. Approval for Social Security benefits does not actually require LPR or citizenship, and a valid legal status is only required for the actual distribution of benefits. In fact, it is not even that lawful status allows for the benefts to be processed, but the fact that lack of lawful status is one of the disqualifying criteria, per RS 00204.010 Lawful Presence Payment Provisions, which clearly denotes that: "IMPORTANT: The lawful presence/citizenship requirements are factors affecting payment of benefits, but they are NOT factors of entitlement."

There are over 20 totalization agreements currently in effect between the US and other countries, which allow individuals to more-or-less combine any accumulated social security credits acquired in either country. As of the Social Security Act of 2004, more specifically Section 211 of the SSPA, the primary requirement is a valid, work-permitting social security number associated with accumulated credits, which all DACA recipients were able to obtain through approval of I-765. However, the US government will not process the first payment until one either proves their legal status while present in the US, or leaves the United States and shows up at the consulate in the native country to complete the processing.

jorgeag92 12-21-2022 03:22 AM

Re: Paxton's back - "An order permanently enjoining Defendants from issuing or renewi
 
So ice gets its funding and immigrants that have built a life here get the after thought. Dems and Republicans are both full of shit.


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