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DAP Forums > DREAM Act > The News Room

Sessions: DACA constitutionally 'questionable'

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#1
01-10-2017, 09:27 PM
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Katy95
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Attorney general nominee Sen. Jeff Sessions, R-Ala., signaled support on Tuesday for repealing President Obama's executive action allowing hundreds of thousands of children of illegal immigrants to remain in the United States without fear of deportation.

Specifically on whether Sessions would try to persuade President-elect Trump to overturn the executive action known as the Deferred Action for Childhood Arrivals, or DACA, Sessions suggested that the move might have been unconstitutional, but said a study is first needed about the impact of rescinding it.

The Alabama Republican said DACA is "very questionable, in my opinion, constitutionally" so he doesn't believe the Department of Justice would object to repealing it. "It would certainly be constitutional, I believe, to end that order," he said.

Sessions was responding to questions from Sen. Lindsey Graham, R-S.C., on whether he would advise Trump to repeal DACA. The program allows children of illegal immigrants who are under the age of 31 and have been in the country before age 16 to remain without fear of deportation.

Sessions has opposed DACA, and on the campaign trail, Trump was a critic of the program but more recently has suggested he is open to a compromise on the issue.

"Fundamentally, we need to fix this immigration system," Sessions said when asked by Graham what should be done with the nearly 800,000 people who have been protected from deportation under DACA.

Sen. Dick Durbin, D-Ill., also pressed Sessions on the issue, noted that it's easy for Sessions to ask Congress to write an immigration law after opposing all of the bipartisan compromise the Senate has produced in "modern memory."

When asked what the Trump administration would do to people discovered to be living in the country illegally, Sessions suggested that current law and limited federal finances would prevent mass deportations, although Trump, like Obama, would likely put a priority on deporting criminals and terrorists.

Interesting read.

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#2
01-10-2017, 09:55 PM
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dreamer12345
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Well he isn't wrong, and it's the 1st time I see someone suggest a 'study' on the impact of anything immigration. Question is if FAIR is going to conduct the study, Sessions can shove his current 'reasonable-sounding' pandering.
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#3
01-10-2017, 10:26 PM
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jaylove16
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Quote:
Originally Posted by dreamer12345 View Post
Well he isn't wrong, and it's the 1st time I see someone suggest a 'study' on the impact of anything immigration. Question is if FAIR is going to conduct the study, Sessions can shove his current 'reasonable-sounding' pandering.
This could be a way out for trump. Create a bipartisan committee to study the issue before he does anything with daca.
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#4
01-10-2017, 10:56 PM
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#5
01-10-2017, 11:25 PM
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lakers1824
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can someone tell me why red states like Arizona, Lousiana, Kansas didn't legally challenge DACA in the courts when it was implemented? They challenged DAPA right away but I am unaware of any legal challenges brought against DACA. Technically, Obama did violate the law but no one challenged him?
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#6
01-10-2017, 11:42 PM
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DACA didnt cover as much numbers as DAPA that reached to a potential of 5 million people. DACA only covers us to nearly around potentially 1.5 million. They believed that both EO are overreaches and unconstitutional. But in all honesty, i believe that DACA'ers are the most sympathetic bunch out of all the 11 million immigrants. Majority of Americans agree they are, elected officials from both parties also believe this, even Trump "believes" DACA is a "humanitarian" issue.

*And DAPA was held up in the courts 4-4 so it was indeed challenged.

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Originally Posted by lakers1824 View Post
can someone tell me why red states like Arizona, Lousiana, Kansas didn't legally challenge DACA in the courts when it was implemented? They challenged DAPA right away but I am unaware of any legal challenges brought against DACA. Technically, Obama did violate the law but no one challenged him?
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#7
01-11-2017, 01:05 AM
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lakers1824
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^^^^^ I am aware of the DAPA challenges. I was just surprised Kobach, Brewer, King didn't challenge DACA since they are very anti immigrant in every way possible. Glad they didn't.
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#8
01-11-2017, 05:48 PM
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edie0789
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^^maybe because it was not going to be in the millions of people such as DAPA.
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#9
01-11-2017, 07:09 PM
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Quote:
Originally Posted by lakers1824 View Post
can someone tell me why red states like Arizona, Lousiana, Kansas didn't legally challenge DACA in the courts when it was implemented? They challenged DAPA right away but I am unaware of any legal challenges brought against DACA. Technically, Obama did violate the law but no one challenged him?
Here's some reasons why DACA was constitutional.
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