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DAP Forums > DREAM Act > The News Room

Texas judge says he'll likely kill DACA -- but not yet - Page 3

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#21
09-01-2018, 09:18 AM
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jaylove16
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But the question of how long DACA renewals will be available is a crucial one for the immigrants currently protected by the program and trying to figure out how to stay protected for as long as possible. Friday’s ruling means they could be safe through June 2019.

https://www.google.com/amp/s/www.vox...mp-judge-court

I expire in 2020 March , if this hold true, I’ll be renewing in March of 2019.
Lol
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#22
09-01-2018, 12:58 PM
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zalmoxe
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So most likely it will end in Supreme Court but what are the chances that it will be favored to us once it reaches the SCOTUS?
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#23
09-01-2018, 01:12 PM
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Quote:
Originally Posted by zalmoxe View Post
So most likely it will end in Supreme Court but what are the chances that it will be favored to us once it reaches the SCOTUS?
Around 40%
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#24
09-01-2018, 01:14 PM
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TexasDreamy
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Quote:
Originally Posted by zalmoxe View Post
So most likely it will end in Supreme Court but what are the chances that it will be favored to us once it reaches the SCOTUS?
There will likely be two law suits before SCOTUS:

1) (Texas lawsuit) Was DACA a substantive rule requiring a notice-and-comment period as required by the Administrative Procedures Act or was DACA a general policy statement (where no notice-and-comment period is required)?

2) (3-way lawsuit) Was DACA ended properly? You can't change agency rules for capricious reasons.

The best outcome is if DACA is ruled a general policy statement that was ended improperly. All that means is that DHS just needs to go through the proper procedure and end DACA that way. At this point DACA could be immediately terminated for everyone, terminated for everyone in X months, or the gradual rollback continued.

The worst outcome is if it's ruled that DACA violated the APA meaning that it should have never existed. In that situation the program could be terminated immediately and status cancelled for everyone.

The Hanen 117 page ruling lays out a pretty good explanation of why DACA should've followed the APA, but the second, 6-page ruling says that it could still be argued otherwise.

Edit:

Reading the complaint filed by Texas is also interesting. They cite King James II from 1688 and talk about how the US constitution is built on the idea that the executive branch doesn't have the power to dispense (get rid) of existing laws.
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Renewal 3: Card: Jun/19
Awaiting GC/USC...
Last edited by TexasDreamy; 09-01-2018 at 01:41 PM..
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#25
09-01-2018, 01:16 PM
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2 years into Trump

DACA survives mutliple Fed lawsuits

DACA is still alive

Amazing
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#26
09-01-2018, 02:02 PM
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Quote:
Originally Posted by ECW View Post
Hypothetically speaking though, say DACA got to the Supreme Court and it is immediately terminated without any sort of phase out or cut off window. There would be total chaos and confusion, main question. What would happen to pending applications at the time of the ruling etc.? or the people who had their bio appointment scheduled or their $495 check cashed?

I know a lot of you guys on here knock me for always saying this, but as it gets closer to the 2020 elections the less likely we are going to see anything legislatively that will give us GC's or a path to citizenship. The best we are going to get is a 1 or 2 year patch, BRIDGE, extension (call it whatever the hell you want) to avoid the confusion that I stated above in the event of a immediate termination of DACA.
This has to be a gimmick account


YOURE STILL ON ABOUT THE BRIDGE ACT?


You’re essentially DAUser always asking if it affects age our dreamers.
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I personally knew that if he wins he's not going to be touching DACA.
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#27
09-01-2018, 02:13 PM
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Quote:
Originally Posted by Pianoswithoutfaith View Post
This has to be a gimmick account


YOURE STILL ON ABOUT THE BRIDGE ACT?


You’re essentially DAUser always asking if it affects age our dreamers.
I know he’s so obsessed with that shitty bill. Durbin only introduced that bill at the time because Dems were under the impression that DACA would be rescinded on day one... Now that ending DACA has stalled at the courts it’s obvious that this bill will not be considered at all. But ECW can’t STFU talking about it.
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#28
09-01-2018, 02:23 PM
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2 weeks ago, he said our EADs were invalidated effective immediately.

lolz he might have a future being a stand up comedian.

Quote:
Originally Posted by dreamer__13 View Post
I know he’s so obsessed with that shitty bill. Durbin only introduced that bill at the time because Dems were under the impression that DACA would be rescinded on day one... Now that ending DACA has stalled at the courts it’s obvious that this bill will not be considered at all. But ECW can’t STFU talking about it.
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#29
09-01-2018, 03:36 PM
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DreamerSD23
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Quote:
Originally Posted by TexasDreamy View Post
There will likely be two law suits before SCOTUS:

1) (Texas lawsuit) Was DACA a substantive rule requiring a notice-and-comment period as required by the Administrative Procedures Act or was DACA a general policy statement (where no notice-and-comment period is required)?

2) (3-way lawsuit) Was DACA ended properly? You can't change agency rules for capricious reasons.

The best outcome is if DACA is ruled a general policy statement that was ended improperly. All that means is that DHS just needs to go through the proper procedure and end DACA that way. At this point DACA could be immediately terminated for everyone, terminated for everyone in X months, or the gradual rollback continued.

The worst outcome is if it's ruled that DACA violated the APA meaning that it should have never existed. In that situation the program could be terminated immediately and status cancelled for everyone.

The Hanen 117 page ruling lays out a pretty good explanation of why DACA should've followed the APA, but the second, 6-page ruling says that it could still be argued otherwise.

Edit:

Reading the complaint filed by Texas is also interesting. They cite King James II from 1688 and talk about how the US constitution is built on the idea that the executive branch doesn't have the power to dispense (get rid) of existing laws.
There is existing precedence from the U.S. Court of Appeals for the D.C. Circuit that even if a substantive policy did not go through notice-and-comment in its rollout, it cannot be undone without going through the same notice-and-comment procedure.

Two wrongs do not make a right.

https://scholar.google.com/scholar_c...832079&scilh=0
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#30
09-01-2018, 04:43 PM
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TexasDreamy
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Quote:
Originally Posted by DreamerSD23 View Post
There is existing precedence from the U.S. Court of Appeals for the D.C. Circuit that even if a substantive policy did not go through notice-and-comment in its rollout, it cannot be undone without going through the same notice-and-comment procedure.

Two wrongs do not make a right.

https://scholar.google.com/scholar_c...832079&scilh=0
Oh super neat!

Well - it's a complicated issue. The only thing I'm hoping for right now is a) my 4th EAD, and b) if DACA gets axed, that they do a phase out and not an immediate termination.
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Renewal 3: Card: Jun/19
Awaiting GC/USC...
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