The Obama Administration's Missteps in Issuing and Defending the DAPA/DACA Programs -

dtrt09 · 04-18-2015, 04:50 PM

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1. To protect immigrants’ rights under DAPA/DACA, and to overcome the primary reason for the injunction now blocking DAPA/expanded DACA, President Obama should promptly issue formal regulations on DAPA/DACA. The administration decided to issue DAPA/DACA as a “policy” (basically a “privilege” for applicants) that can be changed overnight by any future Administration, rather than as a formal “regulation” (also called a “substantive rule”) that extends real rights to applicants and cannot be cancelled overnight.

Under the Administrative Procedures Act (APA), a federal agency must first publish a substantive rule in “proposed” (draft) form and the public must be given 30 days to comment before the regulation is finally adopted.

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The Administration’s refusal to issue DAPA/DACA as a DHS “regulation” has negative legal and practical consequences for millions of potential applicants. If President Obama published DAPA/DACA as a formal regulation: (1) the legal basis for the current injunction blocking DAPA/expanded DACA would be wiped out without risking lengthy appeals, (2) DAPA/DACA would become a “substantive right” instead of a “privilege” giving applicants and recipients stronger enforceable legal rights, and (3) a formal regulation will make it more difficult for a future Administration, without advance notice or the public’s opportunity to comment, to terminate the DAPA/DACA programs (and to place DAPA/DACA recipients in deportation proceedings). The
President should show his support for DAPA/DACA and issue these programs in a formal regulation.

Full report here:

http://centerforhumanrights.org/

IamAman · 04-18-2015, 05:30 PM

Well hindsight is 20/20 isn't it?

dtrt09 · 04-18-2015, 05:45 PM

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Originally Posted by IamAman

Well hindsight is 20/20 isn't it?

It sucks.

DACA-IR-DA · 04-18-2015, 06:19 PM

So what is the next date we are looking at?

dtrt09 · 04-18-2015, 06:23 PM

Quote:

Originally Posted by DACA-IR-DA

So what is the next date we are looking at?

Google is your friend. Try it.

Pianoswithoutfaith · 04-18-2015, 07:06 PM

and to place DAPA/DACA recipients in deportation proceedings

kinda scares me, if the next president wants to, he can so totally do this

dtrt09 · 04-18-2015, 07:10 PM

Quote:

Originally Posted by Pianoswithoutfaith

and to place DAPA/DACA recipients in deportation proceedings

kinda scares me, if the next president wants to, he can so totally do this

According to some, since it's only our lives at stake, who are we illegals to use critical thinking and question the sloppiness of the process, right?

AL · 04-18-2015, 07:18 PM

It doesn't matter what the president does, any other president can take away DACA if they feel like it. Look laws are meant to be written, if you want something written in stone then Washington is not your place.

dtrt09 · 04-18-2015, 07:53 PM

@AL
Did you receive DACA status?

AL · 04-18-2015, 07:57 PM

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@AL
Did you receive DACA status?

Yes, and I understand that it can be taken away whether I like it or not. The reality is that whoever holds the next administration, holds the decision for my deportation.

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The Obama Administration's Missteps in Issuing and Defending the DAPA/DACA Programs -