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-   -   Trump on SCOTUS regarding DACA. (http://dreamact.info/forum/showthread.php?t=81107)

libertarian1776 02-26-2018 04:11 PM
Trump on SCOTUS regarding DACA.
 
"You know, we tried to get it moved quickly 'cause we'd like to help DACA. I think everybody in this room wants to help with DACA, but the Supreme Court just ruled that it has to go through the normal channels, so it's going back in," Trump told a group of state governors at the White House. "There won't be any surprise. I mean, it's really sad when every single case filed against us -- this is in the 9th Circuit -- we lose, we lose, we lose, and then we do fine in the Supreme Court. But what does that tell you about our court system? It's a very, very sad thing. So DACA's going back, and we'll see what happens from there."
- President Donald Trump

https://www.cnn.com/2018/02/26/polit...urt/index.html

OP's thoughts: lmao he sounds so defeated. no more Wall or Anti-Immigration proposals for him this year. very sad indeed! on another note, we might get a "clean" Dream Act + Border Security in 2019 without all the anti-immigration Stephen Miller proposals IF Dems win this November, we'll see.

VJB2 02-26-2018 04:14 PM
Re: Trump on SCOTUS regarding DACA.
 
Oh man, the ANGER of his supporters is fueling this beautiful day.

The motto of his presidency...

"We lose, we lose, we lose..."

But what about all that winning he said was going to happen?

https://i.imgur.com/QU2Gk4q.gif

JJ Glo 02-26-2018 04:27 PM
Re: Trump on SCOTUS regarding DACA.
 
"You know, we tried to get it moved quickly 'cause we'd like to help DACA"

Wut? They tried to end it quickly to help us? lol. They tried to end DACA so that the only possible solution would be to legalize us through a bill passed by congress. Trump was hoping to take advantage of that to pass his immigration agenda. Now that DACA is still alive, he doesn't have the leverage he used to have. There's nowhere near the same urgency that we had.

avf 02-26-2018 04:32 PM
Re: Trump on SCOTUS regarding DACA.
 
I hope he realizes he could have gotten his wall but he blew it.

"You get nothing! You lose! Good day sir!"

��

IbelieveIcanFly 02-26-2018 04:48 PM
Re: Trump on SCOTUS regarding DACA.
 
I see it as both good and bad. Good because it buys us time. Bad because, well no one is motivated to solve the problem in the next 12 months and there are a number of potential problems:


https://www.uscis.gov/humanitarian/d...ary-injunction

1) USCIS has full discretion on HOW and WHEN to process renewals

Q13: My deferred action under DACA has already expired or is expiring soon. Can my DACA request be expedited?
A13: No. There is no expedited processing for deferred action.

Q14: What will happen if my current DACA expires before my renewal is processed? Will I be at risk of removal while this issue is being resolved?
A14: Consistent with longstanding USCIS policy, you will not have deferred action during gaps of time between the end of your current DACA and the agency’s adjudication of your renewal request.

Q15: If my DACA renewal request is approved after expiration of my current DACA, will the renewed deferred action apply retroactively?
A15: No. In accordance with longstanding policy, an approved DACA request will not apply retroactively. An individual’s deferred action under the DACA policy begins the day USCIS approves the renewal request and is generally valid for 2 years from the date of issuance.

2) Requests can be rejected/RFI LAST MINTUE and leave you exposed and without work permit. If injunction is lifted during this time, then you are fucked.

Q16: If my DACA renewal request is rejected with instructions on how to remedy the problem identified and submit a properly filed DACA renewal request, but the court order requiring USCIS to accept renewal requests is vacated before I am able to submit another DACA renewal request, what will happen?
A16: USCIS will continue to accept DACA renewal requests only for as long as the court order remains in effect.

libertarian1776 02-26-2018 04:54 PM
Re: Trump on SCOTUS regarding DACA.
 
arent this the guidelines when it was introduced in 2012?

Quote:
Originally Posted by IbelieveIcanFly (Post 694416)
I see it as both good and bad. Good because it buys us time. Bad because, well no one is motivated to solve the problem in the next 12 months and there are a number of potential problems:


https://www.uscis.gov/humanitarian/d...ary-injunction

1) USCIS has full discretion on HOW and WHEN to process renewals

Q13: My deferred action under DACA has already expired or is expiring soon. Can my DACA request be expedited?
A13: No. There is no expedited processing for deferred action.

Q14: What will happen if my current DACA expires before my renewal is processed? Will I be at risk of removal while this issue is being resolved?
A14: Consistent with longstanding USCIS policy, you will not have deferred action during gaps of time between the end of your current DACA and the agency’s adjudication of your renewal request.

Q15: If my DACA renewal request is approved after expiration of my current DACA, will the renewed deferred action apply retroactively?
A15: No. In accordance with longstanding policy, an approved DACA request will not apply retroactively. An individual’s deferred action under the DACA policy begins the day USCIS approves the renewal request and is generally valid for 2 years from the date of issuance.

2) Requests can be rejected/RFI LAST MINTUE and leave you exposed and without work permit. If injunction is lifted during this time, then you are fucked.

Q16: If my DACA renewal request is rejected with instructions on how to remedy the problem identified and submit a properly filed DACA renewal request, but the court order requiring USCIS to accept renewal requests is vacated before I am able to submit another DACA renewal request, what will happen?
A16: USCIS will continue to accept DACA renewal requests only for as long as the court order remains in effect.

IbelieveIcanFly 02-26-2018 04:54 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694416)
I see it as both good and bad. Good because it buys us time. Bad because, well no one is motivated to solve the problem in the next 12 months and there are a number of potential problems...
By the way, I saw this on the i821D instruction:
CAUTION: If you file this request more than 150 days prior to the expiration of your current period of deferred action, USCIS may reject your submission and return it to you with instructions to resubmit your request closer to the expiration date. USCIS encourages renewal requestors to file as early in the 150-day period as possible - ideally, at least 120 days prior to the DACA expiration date.

This worries me because many of us sent renewals in way early. But time will tell....

Smooth 02-26-2018 04:54 PM
Re: Trump on SCOTUS regarding DACA.
 
Well, it looks nothing will happen this year.

Thoughts?

Smooth 02-26-2018 04:56 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694418)
By the way, I saw this on the i821D instruction:
CAUTION: If you file this request more than 150 days prior to the expiration of your current period of deferred action, USCIS may reject your submission and return it to you with instructions to resubmit your request closer to the expiration date. USCIS encourages renewal requestors to file as early in the 150-day period as possible - ideally, at least 120 days prior to the DACA expiration date.

This worries me because many of us sent renewals in way early. But time will tell....
Yeah, I mean I am hoping they accept the really early renewals, but not solving the issue will still endanger others. Some have permits that expire Summer/Fall 2019.

NTee 02-26-2018 05:00 PM
Re: Trump on SCOTUS regarding DACA.
 
Any chance gorsuch or Roberts sides with us? I still don’t understand how the Supreme Court can rule in oir favor. Cant an EO be cancelled by following presidents? I understand it has to do something with procedures but doesn’t that mean if they even rule in favor of us, all the executive branch has to do is follow proper procedure to try and cancel again?

IbelieveIcanFly 02-26-2018 05:01 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by libertarian1776 (Post 694417)
arent this the guidelines when it was introduced in 2012?
Maybe, I don't know. These came from the "USCIS 2018 DACA Preliminary Injunction FAQs" though.

Regardless of which way it was, 2012 was Obama administration and we knew that they would have our best interest in mind because Obama created DACA. Today, USCIS is run by Stephen Miller and his fiends.

IbelieveIcanFly 02-26-2018 05:03 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by Smooth (Post 694420)
Yeah, I mean I am hoping they accept the really early renewals, but not solving the issue will still endanger others. Some have permits that expire Summer/Fall 2019.
Usually USCIS process renewals very last minute. If they reject or ask for refile days before expiration based on this alone, many of us will get pretty screwed.

VJB2 02-26-2018 05:03 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694418)
By the way, I saw this on the i821D instruction:
CAUTION: If you file this request more than 150 days prior to the expiration of your current period of deferred action, USCIS may reject your submission and return it to you with instructions to resubmit your request closer to the expiration date. USCIS encourages renewal requestors to file as early in the 150-day period as possible - ideally, at least 120 days prior to the DACA expiration date.

This worries me because many of us sent renewals in way early. But time will tell....
Irrelevant. People who have filed outside that time period and have been accepted/approved.

libertarian1776 02-26-2018 05:05 PM
Re: Trump on SCOTUS regarding DACA.
 
yeah its weird man, some people here sent their packets even though they still had 1.5 yrs left till expiration and they got their bios done.

Quote:
Originally Posted by VJB2 (Post 694425)
Irrelevant. People who have filed outside that time period and have been accepted/approved.

IbelieveIcanFly 02-26-2018 05:08 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by VJB2 (Post 694425)
Irrelevant. People who have filed outside that time period and have been accepted/approved.
Post-injunction renewal requests filed >150 days have been approved? In less than 1 month...? Mind to show me where?

Acceptance merely confirms receipt of the package. They start actually adjudicating (reviewing/deciding the case) AFTER biometrics. Correct me if I'm wrong.

libertarian1776 02-26-2018 05:10 PM
Re: Trump on SCOTUS regarding DACA.
 
some people here who expire in 2019 got their bios done.

but they are approving people who expire in April/May/June faster.

some even less than a month, i guess they are approving month by month on who expires sooner.

u gotta check the renewal timeline thread on the lounge.

Quote:
Originally Posted by IbelieveIcanFly (Post 694427)
Post-injunction renewal requests filed >150 days have been approved? In less than 1 month...? Mind to show me where?

Acceptance merely confirms receipt of the package. Am I wrong?

JJ Glo 02-26-2018 05:19 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694418)
By the way, I saw this on the i821D instruction:
CAUTION: If you file this request more than 150 days prior to the expiration of your current period of deferred action, USCIS may reject your submission and return it to you with instructions to resubmit your request closer to the expiration date. USCIS encourages renewal requestors to file as early in the 150-day period as possible - ideally, at least 120 days prior to the DACA expiration date.

This worries me because many of us sent renewals in way early. But time will tell....
If a case were to be rejected due to being outside of the 150 days, it would be rejected at the lockbox, that's where applications are rejected. Once your check is cashed and your case is routed to a service center, it can only be denied, approved or RFE. I have yet to see anyone being rejected due to being outside of the 150 day mark.

IamAman 02-26-2018 05:21 PM
Re: Trump on SCOTUS regarding DACA.
 
The only losers here are the younger dreamers who are coming of age and would have otherwise qualified and now have to wait until an actual law and older dreamers who well, nevermind, we've been screwed over for quite a few years. Just weird how justice is different from the 9th circuit than the 5th circuit court.

always_learner11 02-26-2018 05:22 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694427)
Post-injunction renewal requests filed >150 days have been approved? In less than 1 month...? Mind to show me where?

Acceptance merely confirms receipt of the package. They start actually adjudicating (reviewing/deciding the case) AFTER biometrics. Correct me if I'm wrong.
Here's the timeline spreadsheet referenced above. Looks like "chatoyant" sent his/her packet out more than 150 days, and (s)he has been approved.

https://docs.google.com/spreadsheets...eOA/edit#gid=0

libertarian1776 02-26-2018 05:26 PM
Re: Trump on SCOTUS regarding DACA.
 
i am trying to contact my lawyer to hold off on sending it bcuz of the news today. i want the full 2 years. lol

DreamerSD23 02-26-2018 05:29 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by libertarian1776 (Post 694434)
i am trying to contact my lawyer to hold off on sending it bcuz of the news today. i want the full 2 years. lol
A bird in hand is worth two in the bushes.

Just get it asap, I wouldn't try to milk it.

Harris_O 02-26-2018 05:49 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by JJ Glo (Post 694430)
If a case were to be rejected due to being outside of the 150 days, it would be rejected at the lockbox, that's where applications are rejected. Once your check is cashed and your case is routed to a service center, it can only be denied, approved or RFE. I have yet to see anyone being rejected due to being outside of the 150 day mark.
Exactly! The lockbox is where they examine all the documents and guidelines to see if your application meets everything. If there is a document missing, they will send a "proof of evidence" letter requesting for the missing document. If the application does not meet some of the guidelines, they will send the whole package back including the check. If the application is sent to the service center and you check has been cashed, it's almost certain your will get the renewal. The only thing that might happens is if you had problems with the law and that shows up when your new fingerprints are added in the system.

Rida980 02-26-2018 05:49 PM
Re: Trump on SCOTUS regarding DACA.
 
We are back to square one but now without even an AP. I feel super disappointed

VJB2 02-26-2018 06:00 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by Rida980 (Post 694443)
We are back to square one but now without even an AP. I feel super disappointed
I cannot stress enough that EVEN IF we had the ability to travel again, it's even riskier now than ever. It is highly not recommended. Think of it as a veiled plus.

CUSenior 02-26-2018 06:01 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by NTee (Post 694422)
Any chance gorsuch or Roberts sides with us? I still don’t understand how the Supreme Court can rule in oir favor. Cant an EO be cancelled by following presidents? I understand it has to do something with procedures but doesn’t that mean if they even rule in favor of us, all the executive branch has to do is follow proper procedure to try and cancel again?
The SCOTUS operates on the writ of certiorari, which means that if atleast 4 justices consider it to be a case worth making a decision on, then it will be acted on. I'm assuming Gorsuch, Thomas and Alito wanted to try it. Roberts and Kennedy probably voted no. Doesn't mean that they will keep DACA in place if they do eventually accept a case about DACA.

IbelieveIcanFly 02-26-2018 06:19 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by JJ Glo (Post 694430)
If a case were to be rejected due to being outside of the 150 days, it would be rejected at the lockbox, that's where applications are rejected. Once your check is cashed and your case is routed to a service center, it can only be denied, approved or RFE. I have yet to see anyone being rejected due to being outside of the 150 day mark.
Quote:
Originally Posted by Harris_O (Post 694442)
Exactly! The lockbox is where they examine all the documents and guidelines to see if your application meets everything. If there is a document missing, they will send a "proof of evidence" letter requesting for the missing document. If the application does not meet some of the guidelines, they will send the whole package back including the check. If the application is sent to the service center and you check has been cashed, it's almost certain your will get the renewal. The only thing that might happens is if you had problems with the law and that shows up when your new fingerprints are added in the system.
Sounds like you guys work at the USCIS. As I said, the only variable is that the agency is now run by Stephen Miller and I don't trust him (no one should doubt his agenda). Anyways, hoping for the best.

JJ Glo 02-26-2018 06:22 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694450)
Sounds like you guys work at the USCIS. As I said, the only variable is that the agency is now run by Stephen Miller and I don't trust him (no one should doubt his agenda). Anyways, hoping for the best.
It's been operating like that since DACA started and like the courts have ruled, USCIS will keep processing renewals the same way it has prior to September when DACA was rescinded. People outside of the 150 day mark have already been approved.

Copper 02-26-2018 06:23 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by IbelieveIcanFly (Post 694450)
Sounds like you guys work at the USCIS. As I said, the only variable is that the agency is now run by Stephen Miller and I don't trust him (no one should doubt his agenda). Anyways, hoping for the best.
In their defense a lot of people have gotten accepted pass the 150-180 day mark.

ceaguila 02-26-2018 06:26 PM
Re: Trump on SCOTUS regarding DACA.
 
"The program is going to be in effect for at least a year, perhaps a year and a half" - @PeteWilliamsNBC on today's SCOTUS action on DACA #MTPDaily

libertarian1776 02-26-2018 06:34 PM
Re: Trump on SCOTUS regarding DACA.
 
wow so atleast 2 renewals then. lol

by that time if nothing passes, ill be a 5x DACA recipient.

Quote:
Originally Posted by ceaguila (Post 694454)
"The program is going to be in effect for at least a year, perhaps a year and a half" - @PeteWilliamsNBC on today's SCOTUS action on DACA #MTPDaily

Swim19 02-26-2018 06:41 PM
Re: Trump on SCOTUS regarding DACA.
 
Some info if Paxon goes through with threat of:


Quote:
Using the Paxton threat as a pretext, the Trump administration canceled DACA on September 5, 2017, claiming that it violated the constitution. Since Paxton has politicized immigration at every opportunity, ​t​he question then arises, what if Paxton now makes good on this threat and files a challenge to DACA before Judge Hanen, whose disdain for immigrants and deferred action is notorious?

​Ironically, the case blocking Trump’s attempt to end DACA relied on some of Hanen’s arguments about following the appropriate procedure. The good news is that even if Hanen issues an order enjoining DACA – which is now unlikely given that the Republicans tried and failed to get the Supreme Court to effectively end the program – such a decision by Hanen would conflict with two other U.S. district courts that issued nationwide injunctions temporarily keeping DACA in place. A Hanen injunction against DACA would likely have to be resolved by the courts of appeals and may speed up the decisions in the 9th and 2nd circuits, but would otherwise likely have little to no effect on DACA.

​Paxton outsmarted himself here.
https://americasvoice.org/press_rele...usal-expedite/

EMejia 02-26-2018 06:42 PM
Re: Trump on SCOTUS regarding DACA.
 
Is there a cutoff age for daca/permit?

tf2legend 02-26-2018 06:46 PM
Re: Trump on SCOTUS regarding DACA.
 
Legal experts and the Department of Justice said the Supreme Court's actions were expected as the appeals courts had not yet weighed in on the matter. Hearing the case would have meant bypassing the appellate court

So they aren't actually ruling that DACA has to stay; they are ruling that the trump admin has to go through the appeal court first

tf2legend 02-26-2018 06:52 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by libertarian1776 (Post 694404)

OP's thoughts: lmao he sounds so defeated. no more Wall or Anti-Immigration proposals for him this year. very sad indeed! on another note, we might get a "clean" Dream Act + Border Security in 2019 without all the anti-immigration Stephen Miller proposals IF Dems win this November, we'll see.
Huh? I think.people are overestimating the Dems chances this year. Take a look at the Senate races.

vft1008 02-26-2018 07:21 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by libertarian1776 (Post 694404)
"You know, we tried to get it moved quickly 'cause we'd like to help DACA.
Someone please explain WTF this means... Good god. :shock:

democraticparadox 02-26-2018 07:21 PM
Re: Trump on SCOTUS regarding DACA.
 
“Trump to visit California for first time as president to see border wall prototypes: report hill.cm/RwDyNJK”

He craves that damn wall so much!! I can’t wait for him to cave on the rest of the demands

democraticparadox 02-26-2018 07:23 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by democraticparadox (Post 694467)
“Trump to visit California for first time as president to see border wall prototypes: report hill.cm/RwDyNJK”
Quote:
Originally Posted by democraticparadox (Post 694467)

He craves that damn wall so much!! I can’t wait for him to cave on the rest of the demands

VJB2 02-26-2018 07:29 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by democraticparadox (Post 694467)
“Trump to visit California for first time as president to see border wall prototypes: report hill.cm/RwDyNJK”

He craves that damn wall so much!! I can’t wait for him to cave on the rest of the demands
It is one of the biggest reasons why he won. He went on about keeping immigrants on and the racists ate. it. up.

He promised a wall, if he doesn't deliver... they're all fucked. He needs it badly, and if it wasn't because of the wall, he wouldn't give two thoughts about DACA.

devhinwar 02-26-2018 07:29 PM
Re: Trump on SCOTUS regarding DACA.
 
Will Ap come back ? Anyone ?

tf2legend 02-26-2018 07:46 PM
Re: Trump on SCOTUS regarding DACA.
 
Quote:
Originally Posted by devhinwar (Post 694471)
Will Ap come back ? Anyone ?
Highly unlikely


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