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DAP Forums > DREAM Act > The News Room

3 year permits not reverting back to 2 years because of judge's injuction

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#1
03-04-2015, 12:15 PM
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Keep in mind this is for already granted 3 year DACA permits. New renewals could be for only two years.

Quote:
President Obama's expanded executive amnesty started earlier than the administration said it would -- and before a court blocked it.

"Out of an abundance of caution," the Obama Justice Department on Tuesday informed a federal court in Texas that it started issuing three-year work permits to thousands of illegal aliens right after President Obama announced his executive amnesty on November 20 -- and before a federal court issued a preliminary injuction blocking the expanded amnesty on Feb. 16.

The injunction barred the Obama administration from implementing "any and all aspects or phases" of Obama's expanded DACA (deferred action for childhood arrivals) program. That program allows certain illegal aliens to live and work in the U.S. for three years instead of two.

But the injunction did not apply to Obama's original 2012 DACA program, so when those people renewed their enrollment, they got the new three-year work permits.

Between November 24, 2014 -- four days after Obama announced his expanded amnesty -- and the court's injunction on Feb. 16, the administration says it granted three-year periods of deferred deportation (and three-year work permits) "to approximately 100,000 individuals" who signed up for the originial 2012 DACA program and were eligible for renewal.

In a March 3 "Advisory" to the federal court in Brownsville, the Justice Department recognized that there may be some "confusion" about why it issued three-year work permits before Feb. 18, the date when it planned to start accepting requests for three-year deferred action under the new (2014) DACA rules.

"Defendants nevertheless recognize that their identification of February 18, 2015, as the date by which USCIS (U.S. Citizenship and Immigration Services) planned to accept requests for deferred action under the new and expanded DACA eligibility guidelines, and their identification of March 4, 2015 as the earliest date by which USCIS would make final decisions on such expanded DACA requests, may have led to confusion about when USCIS had begun providing three-year terms of deferred action to individuals already eligible for deferred action under 2012 DACA.

"In light of these circumstances, Defendants file this Advisory to ensure that the Court is aware of these pre-injunction actions taken by USCIS."

The Justice Department also indicated it does not plan to undo what it has done:

"It is Defendants’ understanding that the preliminary injunction does not require them to take affirmative steps to alter the status quo as it existed before the Court’s Order...For this reason, Defendants do not understand the Order to require Defendants to take affirmative steps to revoke three-year periods of deferred action and work authorization...that were issued for recipients of deferred action under the original 2012 DACA eligibility guidelines prior to the Court’s February 16, 2015 Order.


"Defendants nevertheless provide this Advisory to ensure that the Court is fully aware of Defendants’ pre-injunction actions, in light of any potential confusion from the intersection of the (injunction), the 2012 DACA guidelines that remain in place, and Defendants’ statements about when grants of DACA under the revised eligibility guidelines would begin taking place."
Last edited by 2MoreYears; 03-04-2015 at 07:41 PM..
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#2
03-04-2015, 12:17 PM
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http://cnsnews.com/news/article/susa...ion-injunction
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#3
03-04-2015, 01:04 PM
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Fucking activist judge taking an extra year from us.

What the fuck happened to the notion of jurisdiction? A ruling of a backwater court in Texas should only affect the district of the court. With various favorable rulings to immigrants where USCIS appealed the ruling only affected the jurisdiction of the court.
This includes:
Ability to use I-212 waiver and 245(i) at the same time.
CSPA age out protection.
5 year statue of limitation on revocation of green cards.

They really need to rush the appeal. 22 out of the 23 states can be thrown out because they're suing out of state.
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Last edited by Demise; 03-04-2015 at 01:08 PM..
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#4
03-04-2015, 01:36 PM
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well I was happy with 2 years.
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#5
03-04-2015, 01:52 PM
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whelp, at least a few people got it before the evil Republicans took it away.
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#6
03-04-2015, 02:08 PM
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Quote:
Originally Posted by IamAman View Post
whelp, at least a few people got it before the evil Republicans took it away.
Hey, @IamAman; hang in there. This lawsuit is purely about punishment and politics. Soon you'll get your permit, too.
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#7
03-04-2015, 06:08 PM
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Quote:
Originally Posted by IamAman View Post
whelp, at least a few people got it before the evil Republicans took it away.
they can take those three years from my cold dead hand
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#8
03-04-2015, 07:22 PM
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I don't care if it is 2 or 3 years as long as we can get the process started soon.
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#9
03-04-2015, 07:26 PM
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Hey a lawyer could argue that having an extra year helps relieve the state's cost of issuing driver's licenses since they've been bitching about that in the court.
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#10
03-04-2015, 07:30 PM
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What is next for DACA Expansion?
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