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-   -   Court won't lift hold on Obama immigration action (http://dreamact.info/forum/showthread.php?t=71764)

lovemode 05-26-2015 02:37 PM

Court won't lift hold on Obama immigration action
 
Court won't lift hold on Obama immigration action
Quote:

NEW ORLEANS (AP) — A federal appeals court refused Tuesday to lift a temporary hold on President Barack Obama's executive action that could shield as many as 5 million immigrants illegally living in the U.S. from deportation.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse a Texas judge who agreed to temporarily block the president's plan in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional. But two out of three judges on a court panel voted to deny the government's request.

It wasn't immediately clear if the government would appeal, either to the full appeals court in New Orleans or to the U.S. Supreme Court.

The states suing to block the plan, led by Texas, argue that Obama acted outside his authority and that the changes would force them to invest more in law enforcement, health care and education. But the White House has said the president acted within his powers to fix a "broken immigration system."

U.S. District Judge Andrew Hanen sided with the states and, from his court in Brownsville, Texas, issued a temporary injunction on Feb. 16 to block the plan from taking effect while the lawsuit works its way through the courts.

Justice Department lawyers sought a stay while they appealed the injunction. They argued that keeping the temporary hold interfered with the Homeland Security Department's ability to protect the U.S. and secure the nation's borders. They also said immigration policy is a domain of the federal government, not the states.

But, in Tuesday's ruling, 5th Circuit judges Jerry Smith and Jennifer Walker Elrod denied the stay, saying in an opinion written by Smith, that the federal government lawyers are unlikely to succeed on the merits of that appeal. Judge Stephen Higginson dissented.

Obama announced the executive action in November, saying lack of action by Congress forced him to make sweeping changes to immigration rules on his own. Republicans said Obama overstepped his presidential authority.

The first of Obama's orders — to expand a program that protects young immigrants from deportation if they were brought to the U.S. illegally as children — was set to take effect Feb. 18. The other major part, extending deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years, had been scheduled to begin May 19.

Hanen issued his injunction believing that neither action had taken effect. But the Justice Department later told Hanen that more than 108,000 people had already received three-year reprieves from deportation as well as work permits. Hanen said the federal government had been "misleading," but he declined to sanction the government's attorneys.

The Justice Department has also asked the 5th Circuit to reverse Hanen's overall ruling that sided with the states. A decision on that appeal, which will be argued before the court in July, could take months.

Along with Texas, the states seeking to block Obama's action are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Utah, West Virginia and Wisconsin.
http://www.usnews.com/news/us/articl...gration-action

ggalicia 05-26-2015 03:05 PM

Re: Court won't lift hold on Obama immigration action
 
This really sucks

DACA-IR-DA 05-26-2015 03:45 PM

Re: Court won't lift hold on Obama immigration action
 
IamAman.

What's next?

IamAman 05-26-2015 04:04 PM

Re: Court won't lift hold on Obama immigration action
 
I guess we are going to have to see what happens in the actual court. Sometimes I wish I believed in hell.

http://jamiedupree.blog.ajc.com/2015...tions-on-hold/

Sooo in 2-3 years we'll know. Meanwhile, there is nothing stopping Greg Abbott from suing the original DACA.

2MoreYears 05-26-2015 04:14 PM

Re: Court won't lift hold on Obama immigration action
 
::/

http://news.yahoo.com/appeals-court-...183027287.html

DACA-IR-DA 05-26-2015 04:42 PM

Re: Court won't lift hold on Obama immigration action
 
If this is going to Supreme Court then I read it could be done next year.

Dres2011 05-26-2015 05:23 PM

Re: Court won't lift hold on Obama immigration action
 
Damn, what does this mean for people who were originally issued the 3 year permits?

ggalicia 05-26-2015 05:49 PM

Re: Court won't lift hold on Obama immigration action
 
Why doesn't obama do a new deferred action to cover dreamers over the age of 30 when the original DACA was acted

AL 05-26-2015 06:21 PM

Re: Court won't lift hold on Obama immigration action
 
Fucking party lines, this case is another example why a republican president no matter how much they promise is a bad idea. Oh well, the case is not dead yet but is going to take longer than expected.

2MoreYears 05-26-2015 06:31 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by Dres2011 (Post 558962)
Damn, what does this mean for people who were originally issued the 3 year permits?

Not being selfish here. But that's exactly what I'm wondering. Hopefully everything stays the same for us, it's implemented already. The toothpaste is out.

Dres2011 05-26-2015 08:29 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by 2MoreYears (Post 558966)
Not being selfish here. But that's exactly what I'm wondering. Hopefully everything stays the same for us, it's implemented already. The toothpaste is out.

I really do hope we're allowed to keep our extra time, but we'll just have to see.

sk16 05-26-2015 10:24 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by IamAman (Post 558958)
I guess we are going to have to see what happens in the actual court. Sometimes I wish I believed in hell.

http://jamiedupree.blog.ajc.com/2015...tions-on-hold/

Sooo in 2-3 years we'll know. Meanwhile, there is nothing stopping Greg Abbott from suing the original DACA.

Suing the original daca? Wth... I thought they decided that case.

IamAman 05-26-2015 10:54 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by sk16 (Post 558970)
Suing the original daca? Wth... I thought they decided that case.

That was the Arpaio lawsuit with a different judge. This particular judge has a hard-on for us.

CMChump 05-26-2015 11:47 PM

Re: Court won't lift hold on Obama immigration action
 
Sucks for a lot of people, but I think one of the reasons they are opposing this EA is because of the "parents of US citizens get DA" part...I don't think I would've been such a big deal if it was only the 3 year extension part and removing the age limit. With that being said I think they will leave the original DACA alone

pink 05-26-2015 11:54 PM

Re: Court won't lift hold on Obama immigration action
 
F@8K!!!! you know what though, No real surprises here, this court is known to be VERY conservative. Now On to the supreme court, who I think will have our back.

Pianoswithoutfaith 05-27-2015 12:40 AM

Re: Court won't lift hold on Obama immigration action
 
supreme court is going to take years

Cybore 05-27-2015 12:57 AM

Re: Court won't lift hold on Obama immigration action
 
Now, I'm really worried about the original Daca and if we'll able to renew when our permits expire. Yea it sucks for people who have to wait, but I at least hope the original Daca holders won't be given trouble.

DACA-IR-DA 05-27-2015 02:02 AM

Re: Court won't lift hold on Obama immigration action
 
So when is DOJ filing an appeal for Supreme Court? Is there an emergency one?

Pianoswithoutfaith 05-27-2015 02:13 AM

Re: Court won't lift hold on Obama immigration action
 
when is the DOJ filing what?

IamAman 05-27-2015 09:09 AM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by CMChump (Post 558973)
Sucks for a lot of people, but I think one of the reasons they are opposing this EA is because of the "parents of US citizens get DA" part...I don't think I would've been such a big deal if it was only the 3 year extension part and removing the age limit. With that being said I think they will leave the original DACA alone

Exactly. Republicans didn't really like DACA to start with but they couldn't just go out and say "we hate kids". I'll even admit that putting the age limit on it might have been a logical idea to keep it about "the kids" to keep the uproar down, but they could have easily removed the age cap a year later and extended the renewal period.

Instead, we got greedy. By we, I mean all those idiots protesting Obama's speeches and calling him the deporter in chief when at that point it was out of his hands. If he would have just extended DACA, that idiot in Univision would have said it wasn't enough and anchor kids would have cried and said "what about my parents!? You did it for those DACA kids, so why can't you do it for them??"

There is a big difference in doing something "for the innocent kids" than willful lawbreakers and now we all have to pay for it. I'm as much disgusted by so called immigration activists as I am with Republicans. With Republicans I know what I get - racists who have no intention of ever passing immigration reform unless they absolutely have no choice, but the activists are willing to ruin the lives of those of us who have a chance if they don't get everything they want.

Shootingstars2014 05-27-2015 10:26 AM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by IamAman (Post 558984)
Exactly. Republicans didn't really like DACA to start with but they couldn't just go out and say "we hate kids". I'll even admit that putting the age limit on it might have been a logical idea to keep it about "the kids" to keep the uproar down, but they could have easily removed the age cap a year later and extended the renewal period.

Instead, we got greedy. By we, I mean all those idiots protesting Obama's speeches and calling him the deporter in chief when at that point it was out of his hands. If he would have just extended DACA, that idiot in Univision would have said it wasn't enough and anchor kids would have cried and said "what about my parents!? You did it for those DACA kids, so why can't you do it for them??"

There is a big difference in doing something "for the innocent kids" than willful lawbreakers and now we all have to pay for it. I'm as much disgusted by so called immigration activists as I am with Republicans. With Republicans I know what I get - racists who have no intention of ever passing immigration reform unless they absolutely have no choice, but the activists are willing to ruin the lives of those of us who have a chance if they don't get everything they want.

Amen.

pink 05-27-2015 01:33 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by IamAman (Post 558984)
Exactly. Republicans didn't really like DACA to start with but they couldn't just go out and say "we hate kids". I'll even admit that putting the age limit on it might have been a logical idea to keep it about "the kids" to keep the uproar down, but they could have easily removed the age cap a year later and extended the renewal period.

Instead, we got greedy. By we, I mean all those idiots protesting Obama's speeches and calling him the deporter in chief when at that point it was out of his hands. If he would have just extended DACA, that idiot in Univision would have said it wasn't enough and anchor kids would have cried and said "what about my parents!? You did it for those DACA kids, so why can't you do it for them??"

There is a big difference in doing something "for the innocent kids" than willful lawbreakers and now we all have to pay for it. I'm as much disgusted by so called immigration activists as I am with Republicans. With Republicans I know what I get - racists who have no intention of ever passing immigration reform unless they absolutely have no choice, but the activists are willing to ruin the lives of those of us who have a chance if they don't get everything they want.

I totally agree! The administration just cannot win one way or the other, there will always be people complaining that they didn't do enough etc. DAPA seems to be the nail in the coffin at this point. The supreme court route usually takes years but on the upside I think there is a way they can push it along faster.

yummy11226 05-27-2015 06:20 PM

Re: Court won't lift hold on Obama immigration action
 
I really need Obama to stop saying he thinks he acted within the law while Republicans thump their chest because he sounds stupid - arrogant in his own naivete. I'm no legal expert so I'll ask since the original DACA is already implemented and in effect, instead of looking at DAPA as a second executive order can't he just extend the first by removing the age gap thereby effictevly removing the political fuckery of DAPA.

Pianoswithoutfaith 05-28-2015 05:40 AM

Re: Court won't lift hold on Obama immigration action
 
yeah we got greedy, I still remember people here people stuff like

"Well, are we going to settle down with thsi!? we are STILL human being who deserve more! now is the time to ask for more!!"

IamAman 05-28-2015 12:27 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by yummy11226 (Post 558999)
I really need Obama to stop saying he thinks he acted within the law while Republicans thump their chest because he sounds stupid - arrogant in his own naivete. I'm no legal expert so I'll ask since the original DACA is already implemented and in effect, instead of looking at DAPA as a second executive order can't he just extend the first by removing the age gap thereby effictevly removing the political fuckery of DAPA.

Interpretation of the law is very much dependent on the judge's political ideology. I'm pretty sure what he did was within the law, but it kind of gets in a grey area. He could have just removed the age limit and nobody would have blinked an eye but the Hispanic lobbies wanted a grand gesture and are tone deaf to the political climate so he gave them what they wanted.

yummy11226 05-28-2015 09:20 PM

Re: Court won't lift hold on Obama immigration action
 
^^ Understood. However I still don't understand why he can't remove the age gap on the original DACA NOW since its already in effect while they squabble over DAPA. I assume there are no legalities to stop him from doing so since one would think he would have done it already, no? This whole debacle has made Obama look ineffective since Republicans are dictating the script. After six and a half years hell yes he should have been better prepared to combat these "loopholes" they keep throwing at him. First they claimed there were administrative issues with the filing and the bullshit snow balled from there. I can't fault activists for trying to maximize the most out of what was promised. That's like trying to fault folks who've been promised steak for years after sifting through trash. Then it was immediately taken away after getting a bite the claim is they got too greedy because they should have been satisfied with just one bite knowing the cow was never theirs to begin with.

Jelly Bean Lover 05-28-2015 09:49 PM

Re: Court won't lift hold on Obama immigration action
 
With Obama, one wonders whether it is a matter of sheer stupidity and incompetence, or whether it is brilliance masked in that. I think he and his advisors must have known there was not much of a chance that they would get the judge's injunction lifted. In a certain sense the longer it drags on the better it is for the Dems politically. If it actually does go to the Supreme Court and is not decided until the summer of 2016, the Republicans lose either way. If the court rules against it, then it will rile up Hispanics against Republicans when there was not much of a chance for them electorally anyway. If the court rules in favor of it, it will rile up the racist right to whom ultimately the Republican candidate--regardless of who he is--will feel obliged to pander. Either way its a losing situation for them.

I've said it all along: if the Republicans had any sense whatsoever, they would try to make this issue go away now, as broadly and quietly as possible, with the hope that Hispanics will forget about their vitriol. The demographics are against them in the long run and the sea change will especially start to happen if another dem is elected in 2016. The old white haters on the Supreme Court will die off and be replaced with liberals. Eventually a critical mass of citizens in mixed-status families will get old enough to vote and enough of them will vote, so that the Republicans will become the next Federalists or Whigs and disappear as the party we now know. If they go small (legalization without a path to citizenship), they will only give the dems an opportunity to bludgeon them with that as a talking point. They will be able to take less credit for fixing the problem and will slowly die off with the troglodyte voters that support them. Eventually there will be a critical massed of citizens in mixed-status families who will vote them out in that scenario too and then somebody more favorable will enact a real amnesty that can only further hurt the Republicans as a party by creating a broad base of citizen voters that will never vote for them because they will not forget how they hated them.

Personally, all I know is that I already had an image in my mind growing up that the Republicans were pretty much evil to the Democrats stupid. This issue has made it a non-starter for me to even think of ever voting for them or supporting them because when it affects you it really affects you. And when you feel that you are the target of hatred for irrational, nonsensical reasons, it makes you feel that they are your bitter, erstwhile enemies, and that that is a situation that can never change.

But the Republicans are not smart enough to realize that they are killing their own chances to remain politically viable the more they go the other direction. So probably nothing will happen and the death will come more quickly than it otherwise would.

The main lesson is that anybody who knows any citizen should make sure they never vote Republican, and if they are not voting now that is an even better vote to get. That is the only way this problem will truly get fixed.

IamAman 05-30-2015 10:55 AM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by Jelly Bean Lover (Post 559036)
With Obama, one wonders whether it is a matter of sheer stupidity and incompetence, or whether it is brilliance masked in that. I think he and his advisors must have known there was not much of a chance that they would get the judge's injunction lifted. In a certain sense the longer it drags on the better it is for the Dems politically. If it actually does go to the Supreme Court and is not decided until the summer of 2016, the Republicans lose either way. If the court rules against it, then it will rile up Hispanics against Republicans when there was not much of a chance for them electorally anyway. If the court rules in favor of it, it will rile up the racist right to whom ultimately the Republican candidate--regardless of who he is--will feel obliged to pander. Either way its a losing situation for them.

I've said it all along: if the Republicans had any sense whatsoever, they would try to make this issue go away now, as broadly and quietly as possible, with the hope that Hispanics will forget about their vitriol. The demographics are against them in the long run and the sea change will especially start to happen if another dem is elected in 2016. The old white haters on the Supreme Court will die off and be replaced with liberals. Eventually a critical mass of citizens in mixed-status families will get old enough to vote and enough of them will vote, so that the Republicans will become the next Federalists or Whigs and disappear as the party we now know. If they go small (legalization without a path to citizenship), they will only give the dems an opportunity to bludgeon them with that as a talking point. They will be able to take less credit for fixing the problem and will slowly die off with the troglodyte voters that support them. Eventually there will be a critical massed of citizens in mixed-status families who will vote them out in that scenario too and then somebody more favorable will enact a real amnesty that can only further hurt the Republicans as a party by creating a broad base of citizen voters that will never vote for them because they will not forget how they hated them.

Personally, all I know is that I already had an image in my mind growing up that the Republicans were pretty much evil to the Democrats stupid. This issue has made it a non-starter for me to even think of ever voting for them or supporting them because when it affects you it really affects you. And when you feel that you are the target of hatred for irrational, nonsensical reasons, it makes you feel that they are your bitter, erstwhile enemies, and that that is a situation that can never change.

But the Republicans are not smart enough to realize that they are killing their own chances to remain politically viable the more they go the other direction. So probably nothing will happen and the death will come more quickly than it otherwise would.

The main lesson is that anybody who knows any citizen should make sure they never vote Republican, and if they are not voting now that is an even better vote to get. That is the only way this problem will truly get fixed.

Challenging the injunction was a risk free action because they challenged the actual lawsuit at the same time. Whether it would win or fail is irrelevant because it was something they had to try.

pink 05-31-2015 02:16 PM

Re: Court won't lift hold on Obama immigration action
 
Quote:

Originally Posted by yummy11226 (Post 559035)
^^ Understood. However I still don't understand why he can't remove the age gap on the original DACA NOW since its already in effect while they squabble over DAPA. I assume there are no legalities to stop him from doing so since one would think he would have done it already, no? This whole debacle has made Obama look ineffective since Republicans are dictating the script. After six and a half years hell yes he should have been better prepared to combat these "loopholes" they keep throwing at him. First they claimed there were administrative issues with the filing and the bullshit snow balled from there. I can't fault activists for trying to maximize the most out of what was promised. That's like trying to fault folks who've been promised steak for years after sifting through trash. Then it was immediately taken away after getting a bite the claim is they got too greedy because they should have been satisfied with just one bite knowing the cow was never theirs to begin with.


It is apparent any changes made to daca while the injunction is in place would be used against the administration. Republicans would jump on it saying its an illegal move. If the department can't extend 2yr to 3yrs to daca recipients who already qualify what makes you think changing the age gap to include older people would be allowed? It would just be used as an excuse to say the president is acting like an emperor...You know the usual right wing rhetoric.

These are the little things that Republicans thrive on! They have been trying to sell the theory for 6 years that obama is a rougue president who thinks he is above the law and can do whatever he wants..so any little thing they can find, they run with it on FAUX News all day long to rile people up against any relief for us.

If you listen to the past court hearings for lifting injunction, You will notice the lawyer for Texas constantly kept repeating over and over that the administration issued 3 yr extensions before the extended program was suppose to take effect. These are the kinds of things that usually ticks off Juror and judges "Acting like you are above the law." and Texas is using this as much to their advantage as they can.


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