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DAP Forums > DREAM Act > The News Room

Pres. Trump to Target Birthright Citizenship via EO! - Page 2

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#11
11-22-2020, 05:31 PM
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lakers1824
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Quote:
Originally Posted by Copper View Post
Even if he were to kill DACA. It will actually work out for our advantage because Biden can easily put us under TPS due to the pandemic and no lawsuit or judge can end it. TPS would actually be better for us than DACA.
wtf you talking about out? SC already ruled against TPS for Hondurans and Salvadorians. TPS can easily be taken away. Besides if Trump tries to end DACA on his way out he would still need the 90 day notice and by then when Biden is sworn in, Biden can just rescind that order.
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#12
11-22-2020, 06:16 PM
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Quote:
Originally Posted by lakers1824 View Post
wtf you talking about out? SC already ruled against TPS for Hondurans and Salvadorians. TPS can easily be taken away. Besides if Trump tries to end DACA on his way out he would still need the 90 day notice and by then when Biden is sworn in, Biden can just rescind that order.
Do you even know what your talking about? The Supreme Court didn’t rule against it and neither did they say it was illegal or unconstitutional.

They simply ruled that Trump had the authority to end it as PRESIDENT OF THE USA if he wanted to. But just like any other EO, it can be undone by a different administration.

But I’m not sure if you’ve been following the elections or not, but come Jan 20th, BIDEN not TRUMP will be president of the United States of America.

This article right here explains it perfectly how TPS can benefit DACA under a BIDEN ADMINISTRATION......

There is, however, a statutory program that grants unreviewable discretion to the president that could help almost all of the undocumented individuals in the United States on day one of a new presidency. Title 8 Section 1254a of the U.S. Code specifically authorizes a U.S. president to grant any foreign national Temporary Protected Status (TPS) if there is an "earthquake, flood, drought, epidemic, or other environmental disaster" in the foreign national's home country. Pursuant to the statute, a grant of TPS provides: a) relief from removal; b) the ability to work in the United States; and c) the ability to become eligible for lawful permanent residency if the foreign national has a qualifying relative (spouse, parent or child) or U.S. employer who will petition the individual for a green card.

A proposal available under the INA that could address the flux of DACA recipients would be that, on day one of a new administration, the president would grant TPS to every foreign national without status who was present in the United States prior to March 13, 2020, which was the date the current administration declared a national emergency regarding the coronavirus outbreak. The current administration has already laid the groundwork for such a global granting of TPS by having had the director of The Centers for Disease Control and Prevention (CDC) issue a memorandum pursuant to Title 42 Section 265 of the U.S. Code that bans foreigners from entering the United States by identifying "the existence of a communicable disease" throughout the world and stating that "COVID-19 is a global pandemic that has spread rapidly."

This TPS announcement would allow all people already present in the United States to immediately gain 18 months of legal status, and would place many people already here on a path to gain lawful permanent residency, which they cannot now gain by virtue of being in undocumented status. It would also not be subject to being overturned by the courts given how clearly the statute permits the granting of TPS for nationals of a country where there is an epidemic, and given that the current administration itself has recognized a global epidemic in its orders banning people from entering America's land borders due to this epidemic.



https://www.google.com/amp/s/thehill...migrants%3famp
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#13
11-22-2020, 09:06 PM
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Quote:
Originally Posted by Afridi786 View Post
Not to state the obvious but you guys do know that he'll kill DACA on his way out, right?
lmao classic. my guy is a pessimist to the end.
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#14
11-22-2020, 10:13 PM
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Quote:
Originally Posted by PapiChulo View Post
lmao classic. my guy is a pessimist to the end.
LMAO, I thought I was the only one who noticed that.
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#15
11-22-2020, 10:37 PM
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Congress would never approve
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#16
11-22-2020, 10:41 PM
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Quote:
Originally Posted by Copper View Post
Do you even know what your talking about? The Supreme Court didn’t rule against it and neither did they say it was illegal or unconstitutional.

They simply ruled that Trump had the authority to end it as PRESIDENT OF THE USA if he wanted to. But just like any other EO, it can be undone by a different administration.

But I’m not sure if you’ve been following the elections or not, but come Jan 20th, BIDEN not TRUMP will be president of the United States of America.

This article right here explains it perfectly how TPS can benefit DACA under a BIDEN ADMINISTRATION......

There is, however, a statutory program that grants unreviewable discretion to the president that could help almost all of the undocumented individuals in the United States on day one of a new presidency. Title 8 Section 1254a of the U.S. Code specifically authorizes a U.S. president to grant any foreign national Temporary Protected Status (TPS) if there is an "earthquake, flood, drought, epidemic, or other environmental disaster" in the foreign national's home country. Pursuant to the statute, a grant of TPS provides: a) relief from removal; b) the ability to work in the United States; and c) the ability to become eligible for lawful permanent residency if the foreign national has a qualifying relative (spouse, parent or child) or U.S. employer who will petition the individual for a green card.

A proposal available under the INA that could address the flux of DACA recipients would be that, on day one of a new administration, the president would grant TPS to every foreign national without status who was present in the United States prior to March 13, 2020, which was the date the current administration declared a national emergency regarding the coronavirus outbreak. The current administration has already laid the groundwork for such a global granting of TPS by having had the director of The Centers for Disease Control and Prevention (CDC) issue a memorandum pursuant to Title 42 Section 265 of the U.S. Code that bans foreigners from entering the United States by identifying "the existence of a communicable disease" throughout the world and stating that "COVID-19 is a global pandemic that has spread rapidly."

This TPS announcement would allow all people already present in the United States to immediately gain 18 months of legal status, and would place many people already here on a path to gain lawful permanent residency, which they cannot now gain by virtue of being in undocumented status. It would also not be subject to being overturned by the courts given how clearly the statute permits the granting of TPS for nationals of a country where there is an epidemic, and given that the current administration itself has recognized a global epidemic in its orders banning people from entering America's land borders due to this epidemic.



https://www.google.com/amp/s/thehill...migrants%3famp
This is a good find. How legit is this? Legally speaking.
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#17
11-23-2020, 08:00 AM
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Quote:
Originally Posted by neoair View Post
This is a good find. How legit is this? Legally speaking.
It's uncharted territory but nothing in INA prevents from designating every single country in the world for TPS.
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#18
11-23-2020, 10:51 AM
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Quote:
Originally Posted by Copper View Post
Do you even know what your talking about? The Supreme Court didn’t rule against it and neither did they say it was illegal or unconstitutional.

They simply ruled that Trump had the authority to end it as PRESIDENT OF THE USA if he wanted to. But just like any other EO, it can be undone by a different administration.

But I’m not sure if you’ve been following the elections or not, but come Jan 20th, BIDEN not TRUMP will be president of the United States of America.

This article right here explains it perfectly how TPS can benefit DACA under a BIDEN ADMINISTRATION......

There is, however, a statutory program that grants unreviewable discretion to the president that could help almost all of the undocumented individuals in the United States on day one of a new presidency. Title 8 Section 1254a of the U.S. Code specifically authorizes a U.S. president to grant any foreign national Temporary Protected Status (TPS) if there is an "earthquake, flood, drought, epidemic, or other environmental disaster" in the foreign national's home country. Pursuant to the statute, a grant of TPS provides: a) relief from removal; b) the ability to work in the United States; and c) the ability to become eligible for lawful permanent residency if the foreign national has a qualifying relative (spouse, parent or child) or U.S. employer who will petition the individual for a green card.

A proposal available under the INA that could address the flux of DACA recipients would be that, on day one of a new administration, the president would grant TPS to every foreign national without status who was present in the United States prior to March 13, 2020, which was the date the current administration declared a national emergency regarding the coronavirus outbreak. The current administration has already laid the groundwork for such a global granting of TPS by having had the director of The Centers for Disease Control and Prevention (CDC) issue a memorandum pursuant to Title 42 Section 265 of the U.S. Code that bans foreigners from entering the United States by identifying "the existence of a communicable disease" throughout the world and stating that "COVID-19 is a global pandemic that has spread rapidly."

This TPS announcement would allow all people already present in the United States to immediately gain 18 months of legal status, and would place many people already here on a path to gain lawful permanent residency, which they cannot now gain by virtue of being in undocumented status. It would also not be subject to being overturned by the courts given how clearly the statute permits the granting of TPS for nationals of a country where there is an epidemic, and given that the current administration itself has recognized a global epidemic in its orders banning people from entering America's land borders due to this epidemic.



https://www.google.com/amp/s/thehill...migrants%3famp
Issuing TPS would make complete sense right now.
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#19
11-23-2020, 12:29 PM
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There are a lot of visitors who visit the US and pop babies here. Unpopular opinion, but they do need to make some changes - ex: Parents must have lived in the US for 5 years etc.

Tax payers can only take on so much burden.

Sincerely,

Paid $37K in taxes last year.
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#20
11-23-2020, 01:24 PM
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Quote:
Originally Posted by PapiChulo View Post
lmao classic. my guy is a pessimist to the end.
If he's going to try and end birthright citizenship via EO, why wouldn't he end DACA on his way out? It doesn't make sense.
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