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DAP Forums > DREAM Act > The Lounge

What is the absolute earliest we can expect DACA to be shutdown - Page 2

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#11
07-07-2018, 06:27 AM
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So then why is everyone freaking out... ?

https://www.nilc.org/2018/05/04/texa...oints-to-know/


Quote:
1. Judge Hanen in Texas cannot undo the California and New York injunctions (currently in place) that protect DACA recipients from President Trump’s unlawful actions. Both court orders require U.S. Citizenship and Immigration Services (USCIS) to accept DACA renewal applications. Only the circuit courts of appeal corresponding to those states and the U.S. Supreme Court have the authority to undo either injunction. No case related to DACA is expected to go before the Supreme Court until after this summer. The Texas lawsuit does not change that situation.

If this is true then we shouldnt be worrying until the end of summer when the DACA can make it to the supreme court
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#12
07-07-2018, 06:58 AM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
So then why is everyone freaking out... ?

https://www.nilc.org/2018/05/04/texa...oints-to-know/





If this is true then we shouldnt be worrying until the end of summer when the DACA can make it to the supreme court
Exactly...

There is no guarantee that SCOTUS will fast-track or even take on this case. SCOTUS already rejected a request to fast-track this case already.

Even if SCOTUS takes on this case, there is a good chance that John Roberts will side with the liberals because of the failure to follow the notice-and-comment period from the APA law. Roberts voted to save Obamacare, twice. Kennedy was always going to vote against, as his rulings have been very conservative lately.

Detailed analysis here https://takecareblog.com/blog/trump-...ce-and-comment (this correctly predicted that DACA was going to be saved by federal courts).
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Last edited by DreamerSD23; 07-07-2018 at 07:06 AM..
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#13
07-07-2018, 11:33 AM
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Isn’t Sessions’ strategy to have Hanen issue a conflicting injunction and then have the Supreme Court issue a stay on all injunctions? The Supreme Court doesn’t have to be in session to stay injunctions and after the stay there is no DACA. At that point it would it even matter if they take the case?
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#14
07-07-2018, 04:13 PM
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Quote:
Originally Posted by bigdreamer2010 View Post
Isn’t Sessions’ strategy to have Hanen issue a conflicting injunction and then have the Supreme Court issue a stay on all injunctions? The Supreme Court doesn’t have to be in session to stay injunctions and after the stay there is no DACA. At that point it would it even matter if they take the case?
Sneaky Sessions is trying his hardest to kill DACA. Having Sessions as the AG is worse than Trump being the President. Sessions is smart.
Last edited by MIdreamer; 07-07-2018 at 04:17 PM..
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#15
07-07-2018, 05:05 PM
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Actually thanks to Sessions stupidity DACA is still around, had he had taken proper steps to nix it it wouldn't be around today.
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#16
07-15-2018, 10:37 PM
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Quote:
Originally Posted by 2MoreYears View Post
We're safe until August 8th. That's when the Texas hearing will happen.

http://dreamact.info/forum/showthread.php?t=82293

I'm sending in mine July 31.
FAaaaaaaaaaaaaaaaaaaaaaaac
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#17
07-15-2018, 10:54 PM
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Quote:
Originally Posted by bigdreamer2010 View Post
Isn’t Sessions’ strategy to have Hanen issue a conflicting injunction and then have the Supreme Court issue a stay on all injunctions? The Supreme Court doesn’t have to be in session to stay injunctions and after the stay there is no DACA. At that point it would it even matter if they take the case?
Yeah. I don't understand why everyone thinks the stay from the other district courts means that Hanen can't issue a contrary ruling.

It's called a Circuit Split - which means that Hanen's ruling will apply to LA, MS, and TX. Hence - something I'm worried about
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#18
07-16-2018, 07:01 PM
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Texas has a very large population of daca recipients a circuit split will be bad for them.... How about everyone with Daca from the 7 states suing to end it move to CA, NY, NJ, or another friendly state. That would kill the lawsuit since none of those states can proved that daca is harming it.
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#19
07-18-2018, 08:18 PM
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Circuit split?. Hanen isn't a circuit judge, he's in district court.
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#20
07-18-2018, 10:33 PM
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Quote:
Originally Posted by Chn View Post
Circuit split?. Hanen isn't a circuit judge, he's in district court.
He's still in a different circuit from the previous ruling. It'll have to go up the court of appeals for the district, but it's still a conflicting ruling between different circuits.
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