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DAP Forums > DREAM Act > The News Room

5TH Court decision is in - Page 10

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#91
10-08-2022, 07:00 AM
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Quote:
Originally Posted by Copper View Post
This make absolutely no sense. If he wanted to kill it so badly he wouldn’t have wasted his time in the first place and just taken the necessary steps to end it right there and then.

Hanen’s whole issue with DACA was the administrative procedure act which never took place when DACA was first enacted, that’s why he killed DAPA, for the exact same reason.

He has acknowledged that killing DACA as a whole would not be beneficial to anyone and gave the Biden administration time so they can codify the program and this time have it got through the administrative procedure act in which the Biden administration did.

I don’t believe DACA will be a permanent thing, but let’s be realistic, Hanen could have ended this a long time ago. The only reason he got involved was to stop the program from growing with new applicants while also protecting the current enrollees.
Hanen had two issues with DACA:
1) violated the Administrative Procedure Act (APA) in creating and implementing it.
2)inconsistent with federal law; rejected the argument that it was justified under DHS’s inherent prosecutorial discretion.)

So while the final rule going into effect takes care of #1, it doesn’t address #2 as it’s basically a copy/paste of original 2012 memo.
__________________
Initial Approval: 11/13/12
1st Renewal: 10-7-14
2nd Renewal: 10/12/16
3rd Renewal: 5/16/2018
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#92
10-08-2022, 12:07 PM
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I think it’s reasonable to assume there will be the same stay of the order for the renewals regardless what his new ruling is. Hanen considered the reliance interest of the current recipient to the program last time and the reliance didn’t change. Please correct me if I miss anything.
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#93
10-08-2022, 01:02 PM
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Quote:
Originally Posted by Swim19 View Post
Hanen had two issues with DACA:

2)inconsistent with federal law; rejected the argument that it was justified under DHS’s inherent prosecutorial discretion.)

So while the final rule going into effect takes care of #1, it doesn’t address #2 as it’s basically a copy/paste of original 2012 memo.
Yes, however even thought he considered it to not be legal he also acknowledged that pulling the rug out of Dreamers would not be in the best interests of this Country.

The reason I believe he considered to not be legal was not to kill DACA completely but to stop new applications and prevent the program from growing even further.
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#94
10-10-2022, 05:45 PM
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Quote:
Originally Posted by daca12 View Post
While I wouldn’t expect a positive ruling from him, why not keep stay of ruling for the current recipients like last time? Maybe he will rule the new Daca is still unlawful but keep the stay of the order. I’m really curious what makes you think he will end renewal (or end EAD for the current recipients) this time.
I was going to type a long response but I've just found this webinar with law experts that will answer almost anyone's question here.

If you want to know why I think the work permits are going to be taken away, start listening at minute 14:00

https://www.presidentsalliance.org/w...ality-of-daca/
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#95
10-10-2022, 06:42 PM
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or you can tell us?
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I personally knew that if he wins he's not going to be touching DACA.
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I hope Trump wins second term.
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Tranny is not derogatory term dummy
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#96
10-10-2022, 07:00 PM
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Quote:
Originally Posted by Imthexman View Post
I was going to type a long response but I've just found this webinar with law experts that will answer almost anyone's question here.

If you want to know why I think the work permits are going to be taken away, start listening at minute 14:00

https://www.presidentsalliance.org/w...ality-of-daca/
Thanks for sharing this. Just listening to the relevant section, it sounds like the decision to take away the work permits would be likely from the supreme court. He also mentioned that it's safe to say there'll be status quo while it gets the decision from the supreme court.
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