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DAP Forums > DREAM Act > The News Room

JUST IN: Texas AG Ken Paxton asks federal judge to declare DACA illegal and stop feds - Page 7

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#61
02-04-2019, 10:21 PM
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Quote:
Originally Posted by eva02 View Post
No news outlet or progressive organization is even commenting on this lol
Not a credible threat
https://www.courtlistener.com/docket...es-of-america/

It's a continuation of the original lawsuit against DACA.

Note: it's the same Hanen lawsuit we've all been worrying about. In this case Paxton is asking for the court to actually do something following the original ruling by Hanen sayings that DACA is "probably" illegal.

The defense is now going to argue against all the points listed.
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#62
02-04-2019, 10:27 PM
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Lol I swear we can't even go a month worry free before shenanigans start up again.
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#63
02-04-2019, 10:33 PM
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bro, dont worry about him.

hes keen on fighting fellow dreamers on here than the people against us. lol

Quote:
Originally Posted by leo86 View Post
Versailles: ::: Bruh i started orientation at a new job today and my daca is expiring in july and I’m getting money to renew it and next thing you know this shows up on my news feed that this weirdo wants to have another go at daca. My nerves are thru the roof and i dont have insurance right now to get meds for it
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Last edited by libertarian1776; 02-04-2019 at 10:43 PM..
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#64
02-04-2019, 10:45 PM
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Here's a pretty interesting bit from the court filings::

Quote:
On November 14, 2018, the Court issued a Rule 16 scheduling order. ECF No. 337. Under the schedule order, pleadings were to be amended by January 15, 2019, discovery is due by August 21, 2019, dispositive and non-dispositive motions must be filed by November 14, 2019, and trial is set for the two weeks starting on May 18, 2020. ECF No. 337.1.
The filing by Paxton that we're discussing is basically saying "we don't need a trial, we're going to win anyway, just cancel DACA right away" (this is called summary judgment). Unfortunately they make some pretty good arguments in this recent filing. The lawsuit originated in May 2018 about DHS not winding down the program as promised, but now they've switched the tactic to assault the validity of the original memo -- which is far harder to defend than the botched wind down. The arguments made by Paxton are fantastic - it's like a 20-prong attack against DACA and the defense needs to make successful arguments against each single charge.

The defense (MALDEF) is trying to postpone stuff saying that we should hold out until the trial.

The original Hanen ruling did state a lot of stuff saying that it's unlikely the defense could win, but there were likely some legal arguments that could be made at trial.

Basically this all comes back to Hanen and there are a couple of things that can happen:

1) Hanen agrees with Paxton and orders all future renewals immediately cancelled.

2) Hanen agrees with Paxton and places a hard cut off date of 2 years (so -- some renewals would be available, but everyone would expire on the same date)

3) Hanen does not agree with Paxton and does not grant summary judgment. We then go to a trial in May 2020.

Honestly - I want #3 at this time - let's drag DACA out past the 2020 elections.
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Last edited by TexasDreamy; 02-04-2019 at 10:56 PM..
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#65
02-04-2019, 10:52 PM
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Quote:
Originally Posted by TexasDreamy View Post
Here's a pretty interesting bit from the court filings::



The filing by Paxton that we're discussing is basically saying "we don't need a trial, we're going to win anyway, just cancel DACA right away" (this is called summary judgment)

The defense (MALDEF) is trying to postpone stuff saying that we should hold out until the trial.

The original Hanen ruling did state a lot of stuff saying that it's unlikely the defense could win, but there were likely some legal arguments that could be made at trial.

Basically this all comes back to Hanen and there are a couple of things that can happen:

1) Hanen agrees with Paxton and orders all future renewals immediately cancelled.

2) Hanen agrees with Paxton and places a hard cut off date of 2 years (so -- some renewals would be available, but everyone would expire on the same date)

3) Hanen does not agree with Paxton and does not grant summary judgment. We then go to a trial in May 2020.

Honestly - I want #3 at this time - let's drag DACA out past the 2020 elections.
Do you have any idea when Hanen will make a decision for these 3 possibilities? Is there a deadline for him to do so?
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#66
02-04-2019, 10:54 PM
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Even as a nonbeliever, I hope there's a special place in hell for assholes like Paxton and Miller.
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#67
02-04-2019, 11:08 PM
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Quote:
Originally Posted by cmeow View Post
Do you have any idea when Hanen will make a decision for these 3 possibilities? Is there a deadline for him to do so?
Motions for summary judgment exist in basically every single civil case. It's not unusual for one side to immediately claim "I'm right! Gimme Gimme!" The summary judgment claims in this situation are... pretty darn good, unfortunately.

I believe that the defense now has 21 days or so to file a counter motion

Given how courts are usually pretty busy and that the discovery period for this specific case is supposed to go on through August 2019, Hanen could sit on the response to the motion for judgment for months. Alternatively, he might have a response already prepared and could issue it within days after the defense files a countering motion..
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Last edited by TexasDreamy; 02-04-2019 at 11:12 PM..
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#68
02-04-2019, 11:18 PM
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Quote:
Originally Posted by TexasDreamy View Post
Motions for summary judgment exist in basically every single civil case. It's not unusual for one side to immediately claim "I'm right! Gimme Gimme!" The summary judgment claims in this situation are... pretty darn good, unfortunately.

I believe that the defense now has 21 days or so to file a counter motion

Given how courts are usually pretty busy and that the discovery period for this specific case is supposed to go on through August 2019, Hanen could sit on the response to the motion for judgment for months. Alternatively, he might have a response already prepared and could issue it within days after the defense files a countering motion..
So a minimum of 21 days, which is past Feb. 15th.

I wonder if this plays into the shutdown talks at all. I guess we'll see near Feb. 15th.

Does anyone know what happens when 2 federal courts issue different injunctions? What happens before it goes to the Supreme Court?
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#69
02-04-2019, 11:29 PM
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In the meantime, the lower courts rule. Immigration lawyer Leon Fresco told VOA in May that multiple cases about the same issue is "not very common."

But as long as even one of them, much less several, keeps DACA running, it is good to go.

"So long as even one nationwide injunction is in place, DACA continues to operate," Fresco said. "Only the Supreme Court can wipe the slate clean here."

https://www.voanews.com/a/us-supreme...-/4772317.html
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02-04-2019, 11:30 PM
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Quote:
Originally Posted by cmeow View Post
So a minimum of 21 days, which is past Feb. 15th.

I wonder if this plays into the shutdown talks at all. I guess we'll see near Feb. 15th.

Does anyone know what happens when 2 federal courts issue different injunctions? What happens before it goes to the Supreme Court?
All the other courts are considering the issue whether or not DACA was properly withdrawn.

This specific lawsuit is about whether or not DACA was legal to begin with in the first place.

If Hanen issues a summary judgment in favor of Texas, then the issues considered by the other courts become moot since they target a more "senior" issue.

There are actually a few more avenues that this case could take:

1) Hanen issues summary judgment; renewals cancelled and everyone slowly expires over the next 2 years.

2) Hanen issues summary judgment; renewals allowed, but everyone expires on the same date in 2021

3) Hanen declines summary judgment; case moves to trial

4) Hanen issues summary judgment (1) or (2), but stays any outcome pending an appeal; the case moves to appeals court in six months and the appeals court refuses to hear the appeal to the summary judgment/stay lifted/everyone slowly expires?; defense appeals to the supreme court in 2020, SCOTUS declines to hear the case, final nail in the DACA coffin
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