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DAP Forums > DREAM Act > The News Room

DACA backers ask judge for reprieve until Biden administration

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#1
12-23-2020, 12:15 PM
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Interesting article from Politico:

Quote:
A lawyer for states seeking to preserve the Obama-era program for so-called Dreamers asked a federal judge Tuesday to hold off ruling on a legal challenge to the arrangement until President-elect Joe Biden is sworn in next month.
Quote:
At the hearing in Houston, an attorney for the state of Texas, Todd Disher, pressed Hanen to declare the original DACA program unlawful and to order the policy nullified.

“There is no additional reason now to delay,” Disher said. “There is simply no reason to leave an unlawful program in place.”

However, the red states did not press the judge to order an immediate dismantling of DACA.
Quote:
Feigenbaum, representing the blue states that support DACA, said that if Hanen decides the program is illegal, the better approach would be to remand the issue to the Department of Homeland Security to let them considering crafting a new or different program.

Hanen said repeatedly that one option would be for the Biden administration to propose DACA in identical form but to go through the formal notice-and-comment period the Obama administration elected not to do. When the judge ruled against Obama’s expansion of DACA, he said one legal flaw was that it did not go through the publication and comment process for major new regulations.
Quote:
While Hanen sounded doubtful about the legality of DACA, he also recognized that determining the future of the program is more complicated than the situation he faced in 2015 when he halted the related Deferred Action for Parents of Americans program before it kicked in.

“This is a completely different situation,” the judge said.
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#2
12-23-2020, 02:10 PM
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This is interesting.

If Hanen was really interested in taking down DACA, he should have done it yesterday with ruling.
But it seems like Hanen is the one who's playing politics here.
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#3
12-23-2020, 03:15 PM
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I wonder if he was asked that if the program had gone through the notice-and-comment period and was before him, how would he rule?
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#4
12-23-2020, 05:14 PM
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Yes, Hanen does not want to strike a program that has already been in place for so many years, we saw that in 2017. He is actually telling the Biden Administration how to resolve the current issue of Daca so he does not have to make that ruling.

1. Clarify what legal status that Daca provides
2. Correct the Notice-and-Commencement period

Essentially with daca in place, create a Daca2 the right way and then transfer everyone over. This way only one who can the program would the president.
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#5
12-23-2020, 05:20 PM
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Hanen wants to help us out.....
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#6
12-23-2020, 06:41 PM
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It's most likely not to have to issue a politically charged ruling and daca has been in place for so long already, it has not hurt anyone. He may try to stop new applications so everyone who can apply now, should.
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#7
12-23-2020, 07:27 PM
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At the very worse end daca and let us expire but I wonder what Hanen is waiting for. He’s waiting for something
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#8
12-23-2020, 09:34 PM
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I thought back in 2012 the Obama administration went through the notice and comment period? Since it was announced in mid June and they took applications in mid August 2012. Anyone have any articles they can point to? Just trying to understand the legalese behind all this. Thanks.
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#9
12-23-2020, 11:25 PM
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Well, in Texasville they say that the Hanen's small heart grew three sizes that day. And then the true meaning of Christmas came though, and the Hanen found the strength of ten Hanenes plus two.
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#10
12-25-2020, 09:54 AM
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I don't really see this as a win. Hanen's basically saying "I may strike it down using the same DAPA logic and Biden can re-institute by adding the notice-and-comment period". Or "I may extend reprieve and allow the program to exist in quasi limbo and let Biden re-submit the EO w/a notice-and-comment period".

Interestingly, every Trump EO is illegal by the same logic.
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