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DAP Forums > DREAM Act > The News Room

Obama Admin Proposes Compromise To Judge: Let Every State Except Texas Implement Exec

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#1
02-24-2015, 12:52 AM
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http://www.breitbart.com/big-governm...-exec-amnesty/

OBAMA ADMIN PROPOSES COMPROMISE TO JUDGE: LET EVERY STATE EXCEPT TEXAS IMPLEMENT EXEC AMNESTY
On Monday, the Justice Department asked a federal judge in Texas who issued an injunction last week against President Barack Obama’s executive amnesty to stay his injunction. The Obama administration also proposed that the judge issue a partial stay that would allow every state except for Texas to start implementing Obama’s executive amnesty.

The Justice Department gave U.S. District Judge Andrew Hanen until Wednesday to decide on the matter. If Hanen does not act, the Justice Department will ask the 5th Circuit Court of Appeals for a stay.

The Justice Department argued that the Department of Homeland Security would “sustain irreparable harm” that would not be cured even if the Obama administration wins its appeal. The Obama administration alleged that a “stay pending appeal is necessary to ensure that the Department of Homeland Security (“DHS” or “Department”) is able to most effectively protect national security, public safety, and the integrity of the border.”

“Allowing the preliminary injunction to remain in place pending appeal would also harm the interests of the public and of third parties, who will be deprived of the significant law enforcement and humanitarian benefits of prompt implementation of the Guidance,” the Justice Department argued in its filing.

In issuing his injunction, Hanen determined that since Texas, which led the states in the lawsuit, “stands to suffer direct damage from the implementation” of Obama’s executive amnesty, all of the states that sued had standing. Specifically, Hanen noted that Texas would likely have to issue driver’s licenses to illegal immigrants if the federal government started implementing Obama’s executive amnesty program.

The Justice Department asked Hanen to, “at the very least,” stay the injunction “so that it applies only to the implementation of the Guidance in Texas because “injunction purports to extend beyond implementation of the Guidance in Texas (the only State whose claims of harm the Court credited) to States the Court did not find to have established any injury, and even to States that have informed this Court that they desire and expect to benefit from implementation of the Deferred Action Guidance.”

When asked about the stay request, White House Press Secretary Josh Earnest said on Monday that the injunction against Obama’s executive amnesty “only makes it harder for the Department of Homeland Security to protect the American people and bring much-needed accountability to our nation’s immigration system.” He also noted that while a majority of states sued the Obama administration over his executive amnesty, 12 states and Washington, D.C. filed a brief in support of the administration’s executive amnesty program.

The expanded Deferred Action for Childhood Arrivals (DACA) part of Obama’s executive amnesty was set to start last week, but the Obama administration announced after the injunction that it would comply with it and not accept any applications until the case is resolved. The Deferred Action for Parental Accountability (DAPA) part of Obama’s executive amnesty for the illegal immigrant parents of U.S. citizens is set to go into effect in May.

Meanwhile, the Department of Homeland Security’s funding is set to expire on February 27, and Senate Democrats have united to filibuster the House’s spending bill that would fund all of the department except for Obama’s executive amnesty.
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#2
02-24-2015, 03:46 AM
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What does that mean? There are lot of DACA Expansion candidates in Texas though? Would the candidate have to move elsewhere?
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#3
02-24-2015, 10:09 AM
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Quote:
Originally Posted by DACA-IR-DA View Post
What does that mean? There are lot of DACA Expansion candidates in Texas though? Would the candidate have to move elsewhere?
It's a way to call the Texas Judge's and Gregg Abbott's bluff that this hurts Texas. The Obama folks are telling them "Ok, so your objection is based on your belief that this hurts your state's economy and the other states in the lawsuit? How about you let the other states, including the ones and DC that have said it would HELP their economies go through with the legalization of these immigrants and Texas along with the other objecting states can wait for the courts to go through the appeal process."

My guess is that this judge has an ax to grind with immigrants and Abbott has the little man's syndrome (has nothing to do with his handicapped FYI) and wants to make a name for himself outside of Texas so neither of them will back down and this will have to go to the 5th circuit court of appeals and (correct me if I'm wrong), the offer of excluding Texas will be off the table there.

Any other people have inputs?
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#4
02-24-2015, 11:17 AM
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Quote:
Originally Posted by IamAman View Post
It's a way to call the Texas Judge's and Gregg Abbott's bluff that this hurts Texas. The Obama folks are telling them "Ok, so your objection is based on your belief that this hurts your state's economy and the other states in the lawsuit? How about you let the other states, including the ones and DC that have said it would HELP their economies go through with the legalization of these immigrants and Texas along with the other objecting states can wait for the courts to go through the appeal process."

My guess is that this judge has an ax to grind with immigrants and Abbott has the little man's syndrome (has nothing to do with his handicapped FYI) and wants to make a name for himself outside of Texas so neither of them will back down and this will have to go to the 5th circuit court of appeals and (correct me if I'm wrong), the offer of excluding Texas will be off the table there.

Any other people have inputs?
That is my take as well. My only concern is if he rules that the injunction stands in the states that are involved in the suit. Honestly, I think he is going to let the injunction stand and then we are on to the 5th circuit, which is an entirely other problem.
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#5
02-24-2015, 12:35 PM
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Quote:
Originally Posted by IamAman View Post
It's a way to call the Texas Judge's and Gregg Abbott's bluff that this hurts Texas. The Obama folks are telling them "Ok, so your objection is based on your belief that this hurts your state's economy and the other states in the lawsuit? How about you let the other states, including the ones and DC that have said it would HELP their economies go through with the legalization of these immigrants and Texas along with the other objecting states can wait for the courts to go through the appeal process."

My guess is that this judge has an ax to grind with immigrants and Abbott has the little man's syndrome (has nothing to do with his handicapped FYI) and wants to make a name for himself outside of Texas so neither of them will back down and this will have to go to the 5th circuit court of appeals and (correct me if I'm wrong), the offer of excluding Texas will be off the table there.

Any other people have inputs?
I totally agree.
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#6
02-24-2015, 12:43 PM
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#7
02-24-2015, 12:48 PM
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That is my take as well. My only concern is if he rules that the injunction stands in the states that are involved in the suit. Honestly, I think he is going to let the injunction stand and then we are on to the 5th circuit, which is an entirely other problem.
I'm not going to lie. If this goes through and it excludes Texas, I will be absolutely devastated. I have a lot of obligations so I can't just pack up and leave, but there would be some tough tough decisions to be made.
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#8
02-24-2015, 01:46 PM
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Damn, if this goes through then all the Dreamers in Texans will be excluded. That means everyone who qualify will have to relocate to another state to get relief. Geez! More posturing...Obama should have never placed an age gap on the original DACA.
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#9
02-24-2015, 01:56 PM
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I'm not going to lie. If this goes through and it excludes Texas, I will be absolutely devastated. I have a lot of obligations so I can't just pack up and leave, but there would be some tough tough decisions to be made.
Obligations like what? Like your duty as an illegal alien to a state government that is spitting in your face as we speak? Life is full of tough choices.
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#10
02-24-2015, 02:04 PM
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Quote:
Originally Posted by IamAman View Post
I'm not going to lie. If this goes through and it excludes Texas, I will be absolutely devastated. I have a lot of obligations so I can't just pack up and leave, but there would be some tough tough decisions to be made.
I understand. We live in Georgia. I have already floated the idea to my mother of moving back to New York, which she has agreed to do. But, that takes time and will affect my two younger siblings more so than myself. I can arrange for a transfer through my work, which also takes time, but it can be done.

Let's just hope that the judge doesn't answer and it goes to the 5th circuit. If they stand with the President, then hopefully by the time the other phase of this was to begin, everyone will be able to apply.
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