Strong argument against Judge Hanen's decision

gomavs13 · 02-17-2015, 09:41 PM

The article is pretty long but it's a good read and gave me hope that this will ultimately result in Obama's Executive Action moving along full steam ahead

http://www.bloombergview.com/article...lan?cmpid=yhoo

DACA-IR-DA · 02-17-2015, 10:49 PM

The question is what?

Any estimated time?

freshh. · 02-18-2015, 09:50 AM

For the people that want the main idea of the article.

Quote:

But that is not what happened. On the contrary, the deferred action program calls for immigrants to make individual applications. As the Justice Department explained, the plan provides for “case-by-case discretion,” not a blanket rule. As Hanen himself acknowledged, lower courts have said that agencies need not seek public comment if they remain “free to consider the individual facts in the various cases that arise.”

The judge's strongest counterargument is that Homeland Security's deferred action program restricts its own discretion by essentially binding its officials to grant applicants deferred action status. In his view, those officials are limited to a kind of “check the box” inquiry in which they do not, in fact, consider cases individually.

That is indeed the heart of the matter. Yet whenever a secretary of Homeland Security announces some kind of general policy, or issues a guidance document, department officials will be severely constrained. Under the APA, that’s not enough to require public comment in advance.

Homeland Security officials do retain discretion to evaluate individual applications for deferred action. Indeed, they are explicitly required to decide whether such applications “present no other factors that, in the exercise of discretion, makes the grant of discretion inappropriate.”

Judge Hanen was right to focus on the APA and the technical requirements of the law. But he got the technical argument wrong.

gomavs13 · 02-18-2015, 10:10 AM

Even our friend Rush Limbaugh believes DAPA survives this setback
http://www.rushlimbaugh.com/daily/20...cutive_amnesty

Excerpts
"And according to some legal people I've spoken to and based on precedent, they expect -- and I'm not trying to be a downer here, and I hope this is wrong -- they expect the Justice Department to win the appeal. They expect the Justice Department to win at the Fifth Circuit based on the way this case, this law has fared in courts previous."

DACA-IR-DA · 02-18-2015, 06:59 PM

So pretty much one human decided the fate of millions of lives for now?

freshh. · 02-20-2015, 09:33 AM

Quote:

Originally Posted by gomavs13

Even our friend Rush Limbaugh believes DAPA survives this setback
http://www.rushlimbaugh.com/daily/20...cutive_amnesty

Excerpts
"And according to some legal people I've spoken to and based on precedent, they expect -- and I'm not trying to be a downer here, and I hope this is wrong -- they expect the Justice Department to win the appeal. They expect the Justice Department to win at the Fifth Circuit based on the way this case, this law has fared in courts previous."

Well let's hope this is the case.

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Strong argument against Judge Hanen's decision