Third judge rules against Trump move to end DACA - Page 5

Gorsuch is a constitutional/judicial literalist. That's why he can make rulings like a company can fire a person for abandoning a stalled company truck in the middle of a freezing blizzard because... there's nothing in the law that says that a company can't.

DACA is a funny scenario. I think that SCOTUS is going to rule that the executive branch has the power to create DACA -- so using the argument that DACA is illegal as a the reason to end DACA is not kosher... but then SCOTUS will say that the executive branch has the right to end DACA for any other reason.

If Dems are smart, they should start negotiating Dream Act for some funding for the stupid wall...this is actually the opening the House bipartisan group needed to go for the discharge petition...90 days to keep Daca in place, no wall, but all still in limbo, or DA for wall, free up time and $$ for a perm deal for the rest of the undocumented.

Trump should’ve taken the deal. lol

So apparently Advance Parole will be restored (maybe) in 90 days? I’m definitely wanting to see my grand parents in Mexico, idk how much longer I’ll have without them.

man are some of you just riding on your hopes or something?
it's obviously going to die once it gets to the SCOTUS.

unless one of you want to legitimately argue why it won't, this is just delaying the inevitable, and wasting more time until we can actually get these fucks to care about reaching a deal.

This is good news right? I'm so used to bad news I can't tell up from down anymore

The original Daca benefits (those not restored in the injuction that currently allows renewals) will NOT be available again until 90 days from now IF the administration does not respond appropriately.

Congress needs to get their act together and just pass tha DA

He’s constantly fear mongering and posting dumb AF predictions. But yea ima chill tho. Just cuz you asked

Here's one of the lower court rulings on the subject.

The argument is simple:

1) DACA is a utilization of the existing broad powers given to the executive branch in determining how immigration related resources are allocated. Laws regarding deferred action basically state that the Attorney General of the United States has discretion in how to apply the laws.

2) Whenever a federal agency creates a policy based on existing laws, it has to go through an approval/waiting process. These policies have the force of law. Obama's executive branch crossed its 't's an dotted its 'i's when drafting and implementing DACA.

3) Cancellation of federal policies has to go through the same process -- they cannot be cancelled on a whim. A competent administration would've made the argument that they're cancelling DACA because of [... a million possible reasons...] -- instead the argument that they made was that they're cancelling DACA because there's a lawsuit against DACA/DAPA and they don't think that DACA would fare in a court because it was not legal to implement in the first place.

4) All of the lower courts have ruled that the administration can't cancel DACA based on that reason alone because the executive branch & immigration agencies have the power to implement DACA. (Again - smart lawyers working for Obama)

5) The suit that is going to go before SCOTUS is whether or not the executive branch has the right to create a policy like DACA -- not whether or not DACA should exist.

6) SCOTUS will very likely rule that the administration can create a policy like DACA due to the previously mentioned broad prosecutorial powers that that the attorney general possesses. SCOTUS will also likely rule that the administration can cancel DACA for literally any other reason if they so choose.

At this point Sessions/Trump can say "Ok, WE are cancelling DACA." Buuut that would look bad! The whole point of cancelling DACA was to throw the Democrats under the bus & say that everything they did was illegal -- except -- It wasn't.