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DAP Forums > DREAM Act > The News Room

Maldef files brief to close DAPA case - Page 3

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#21
07-31-2017, 02:14 PM
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Quote:
Originally Posted by eva02 View Post
Can you explain? The maldef brief stayed that they were asked if their lawsuit included DACA and they stated it did not.
ICE sued Obama over DACA a few years ago.

http://www.cnn.com/2012/08/23/us/ice-agents-lawsuit
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#22
07-31-2017, 02:29 PM
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Also , how can they try to amend it to the case brought by 26 states when now only 10 are trying to sue? I assumed the original 16 states refused to sign on to this original daca lawsuit.
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#23
07-31-2017, 02:38 PM
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Quote:
Originally Posted by undoconyc View Post
ICE sued Obama over DACA a few years ago.

http://www.cnn.com/2012/08/23/us/ice-agents-lawsuit
This was a separate case. They are referring to the case that placed an injunction on the 2014 DAPA lawsuit. They were asked if this lawsuit included the original program and they said no. Now they want to amend it to include this program after 3 years...
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#24
07-31-2017, 02:40 PM
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Maybe this lawsuit will be tossed out and they were just trying to force trumps hands to rescind the program?
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#25
07-31-2017, 02:45 PM
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Quote:
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Maybe this lawsuit will be tossed out and they were just trying to force trumps hands to rescind the program?
It's possible. Because you can't explicitly say that original daca is not included in the lawsuit and then turn around and try to add it. Even Hannen had to admit this case wasn't about daca 2012. Maybe Maldef knows what they are doing? The initially released a statement saying Paxton's threat was toothless.
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#26
07-31-2017, 02:55 PM
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It's possible. Because you can't explicitly say that original daca is not included in the lawsuit and then turn around and try to add it. Even Hannen had to admit this case wasn't about daca 2012. Maybe Maldef knows what they are doing? The initially released a statement saying Paxton's threat was toothless.
Can Maldef or the 20 state attorney generals interfere? If the AG doesn't defend the program can it still go to SCOTUS?
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#27
07-31-2017, 02:59 PM
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Can Maldef or the 20 state attorney generals interfere? If the AG doesn't defend the program can it still go to SCOTUS?
Good question, I'll do some research on that.
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#28
07-31-2017, 03:00 PM
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This was regarding DOMA: The Justice Department is tasked with defending laws passed by Congress--even those laws the sitting President may not like or have supported. Only a few times in history has a President decided his Justice Department will not defend an existing federal law. In those rare circumstances, the House of Representatives can step in and have its lawyers defend the law in court.
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#29
07-31-2017, 03:02 PM
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Good question, I'll do some research on that.
Thank you. Please post your findings.
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#30
07-31-2017, 03:56 PM
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Quote:
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This was regarding DOMA: The Justice Department is tasked with defending laws passed by Congress--even those laws the sitting President may not like or have supported. Only a few times in history has a President decided his Justice Department will not defend an existing federal law. In those rare circumstances, the House of Representatives can step in and have its lawyers defend the law in court.
Only difference is that DACA isn't a law but a policy directive.
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