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DAP Forums > DREAM Act > The News Room

Judge cited Trump tweet in decision to leave DACA in place

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#1
01-10-2018, 12:25 PM
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chopstix
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http://thehill.com/homenews/administ...a-in-place?amp

I suggest clicking the link to read this article. Excerpt from Trump's Twitter.

The federal judge who temporarily blocked President Trump's decision to end the Deferred Action for Childhood Arrivals (DACA) program cited one of Trump's own tweets in his decision.

Trump said in September that he would roll back the DACA program, which protects undocumented immigrants who were brought to the U.S. as children from deportation. He gave Congress a six-month deadline to pass replacement legislation.

Judge William Alsup wrote in his decision that a tweet from Trump himself demonstrated that leaving DACA in place would serve the public interest.

"Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military? Really!" Trump tweeted in September.




"We seem to be in the unusual position wherein the ultimate authority over the agency, the Chief Executive, publicly favors the very program the agency has ended," the ruling read.


Legal experts have warned that Trump's habit of tweeting could undermine legal proceedings in some cases. Judges have invoked Trump's tweets in rulings before, in cases about the travel ban and his attempt to block transgender troops from enlisting in the military.

Alsup also said in his ruling that Trump's Dec. 29 tweet, in which he wrote that "there can be no DACA without the desperately needed WALL," helped to support the plaintiffs' claim that Trump ended DACA to use it as a "bargaining chip" for his proposed border wall.




Alsup's decision ruled that DACA must stay in place until all litigation over Trump's decision has played out and wrote that the decision to rescind the program was "based on a flawed legal premise."

Trump met with lawmakers on Tuesday in a lengthy meeting during which parameters for a bipartisan immigration deal were discussed.
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Last edited by chopstix; 01-10-2018 at 12:33 PM..
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#2
01-10-2018, 12:28 PM
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But he ended it for constitutional reasons Sessions stated, that was the reason, his DACA for wall meant he would do legalization for wall. This ruling is based off semantics.
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#3
01-10-2018, 12:30 PM
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Quote:
Originally Posted by Afridi786 View Post
But he ended it for constitutional reasons Sessions stated, that was the reason, his DACA for wall meant he would do legalization for wall. This ruling is based off semantics.
Did you read the article? Judge thinks otherwise. That's what matters at this point. If they want to prove it they will do so at SCOTUS.
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#4
01-10-2018, 12:36 PM
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Trump's twitter got him in trouble? you don't say. I wouldn't be surprised if he starts nuclear war with it.
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#5
01-10-2018, 12:47 PM
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Honestly though, this is a pretty ridiculous ruling.
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#6
01-10-2018, 12:47 PM
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Quote:
Originally Posted by Marco956 View Post
Honestly though, this is a pretty ridiculous ruling.
Seriously, man, we're getting shit for saying it though.
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#7
01-10-2018, 12:49 PM
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Quote:
Originally Posted by Marco956 View Post
Honestly though, this is a pretty ridiculous ruling.
I respectfully disagree with you. If Trump had bad intention, ending daca to use it as his bargaining chip to get something else, that is illegal.
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#8
01-10-2018, 01:01 PM
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Tweets have consequences.
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#9
01-10-2018, 01:05 PM
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Well he did violate the APA when he just unilaterally ended it with no comment period.

Besides, if there was a point to challenge Deferred Action it was after the 1986 law when Reagan put in the Family Unity program to keep relatives who themselves missed the requirements in the country. Probably largest exercise of what is essentially deferred action in history. The program was upheld by HW Bush and to a lesser extend by Clinton. It even had its own provision for grandfathering under 245(i), that essentially anyone granted Family Unity benefits is covered and exempt from the normal $1000 penalty.

Going back to the history of deferred action it existed at least since Nixon tried to deport John Lennon in 1972.

Then, we also have multiple regulations and laws that acknowledge deferred action as something that exists.



Another thing to consider is that this is an injunction, it does not rule on merits of the case, instead it freezes things to prevent any kind of injury to the interested parties.


Still it is the perfect troll because:
1. It takes away leverage from Trump: GIVE WALL OR I DEPORT THEM
2. It uses Trump's own tweets against him (well if you don't want to do it, and other parties don't want to either, then why are we even here? Show me on this doll where Sessions touched you.)
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Last edited by Demise; 01-10-2018 at 01:10 PM..
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#10
01-10-2018, 01:09 PM
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Quote:
Originally Posted by chopstix View Post
I respectfully disagree with you. If Trump had bad intention, ending daca to use it as his bargaining chip to get something else, that is illegal.
No it's not. This judge is an idiot. Clear attempt to undermine executive power.
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