Legal Experts: Ruling Blocking Immigration Action 'Deeply Flawed'

Ianus · 03-13-2015, 04:51 PM

http://www.nbcnews.com/news/latino/e...flawed-n322751

Quote:

A group of 104 legal scholars and immigration law instructors signed a statement calling the Texas judge's decision that blocked President Barack Obama's immigration executive action "deeply flawed."

In their statement provided to NBC News and made public Friday, the group argued that the executive action programs that would have shielded millions from deportation and provided them permission to work "are well within the legal authority of the federal executive."

Their statement was issued a day after the Department of Justice asked the 5th Circuit Court of Appeals to free the programs, known as DACA and DAPA, that were temporarily blocked by U.S. District Judge Andrew Hanen.

Some of the points made by the group:

--There is strong legal authority for deferred action in general, and for DACA and DAPA particularly, as forms of deferred action, which is recognized in law as a form of prosecutorial discretion.

--The immigration system has more than 20 forms of prosecutorial discretion used by the Department of Homeland Security.

--Hanen confused deferred action with work authorization. Deferred action has provided for work authorization in the past.

--Hanen is mistaken to suggest a person cannot obtain lawful presence through programs like DACA and DAPA. He wrongfully conflates lawful status and lawful presence.

The statement, not part of the ongoing legal cases, is similar to two others that were signed by some of the same scholars and instructors as the president's immigration executive actions have been debated.

Shootingstars2014 · 03-13-2015, 05:22 PM

Even many immigration attorneys fail to understand the difference between lawful status and lawful presence. And the argument against work authorization? Well, the law does allow those given deferred action to obtain work authorization under (§274a.12(c)(14))

https://www.law.cornell.edu/cfr/text/8/274a.12

freshh. · 05:03 AM

Ianus, what do you think will happen? I am cautiously optimistic, but I am worried this could go left quickly.

Pianoswithoutfaith · 03-16-2015, 03:12 PM

well, not even the usa goverment knowns the difference, for tax purposes, we have a status, for everything? Presence

Ianus · 03-22-2015, 04:33 PM

Quote:

Originally Posted by freshh.

Ianus, what do you think will happen? I am cautiously optimistic, but I am worried this could go left quickly.

From what I can see, immigration reform or relief is going to be a long drawn out battle on several different fronts, not just in the judicial. I say this because at every turn things that should be common sense turns into a senseless argument and gives fodder to this stalemate fueled by differing interests and reasons.

If things pan out the Democrats should win the White House in 2016 and beyond if they do not screw up. It will allow for more Democrat appointments from the executive into the Judicial, but that would only ensure temporary relief.

The unpredictable problem and issue is that stalemate in the public domain flairs tempers because of inaction and a Democrat trend can reverse over time. The biggest losers will be the public who vote for action and gain nothing.

S	M	T	W	T	F	S
					1	2
3	4	5	6	7	8	9
10	11	12	13	14	15	16
17	18	19	20	21	22	23
24	25	26	27	28	29	30
31

They need you!

Forum links

Resources

Join our list

National calendar of events

August

Legal Experts: Ruling Blocking Immigration Action 'Deeply Flawed'