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DAP Forums > DREAM Act > The News Room

Trump tells Fox News he plans on refiling on DACA - Page 3

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#21
06-21-2020, 11:53 AM
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Quote:
Originally Posted by cmeow View Post
https://twitter.com/johnrobertsFox/s...89893364916226



Can someone edit the title and correct plays to plans, thanks.
Fixed.
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#22
06-21-2020, 12:15 PM
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Quote:
Originally Posted by Afridi786 View Post
There's also the Texas lawsuit, that could end DACA for good. No president would be able to bring it back.
That can be appealed. I suspect Trump might tell his puppet Hanen to back off or we will be stuck in another several years battle.
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#23
06-21-2020, 12:46 PM
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Quote:
Originally Posted by isk84life View Post
They can refill before the election but how long will it take for the process to go through? Won’t be done until after the election.
I really don't know the process, what I'm trying to figure out is why they didn't try to end it via executive order (apparently this is something they could have done but didn't go that route...). I really don't think either side will be visiting this issue for some time so we can enjoy our DACA for some time..I'm thinking at least for the next 2 years.
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#24
06-21-2020, 12:50 PM
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Quote:
Originally Posted by isk84life View Post
That can be appealed. I suspect Trump might tell his puppet Hanen to back off or we will be stuck in another several years battle.
Honestly I think that Supreme Court would issue a stay and would uphold that DACA wasn't illegal. DHS v. Regents wasn't about the legality of DACA because nobody asked the court to review if it was legal in the first place, it was only an argument regarding "Can it be ended the way it was ended".

Deferred Action existed in some form since at very least 1970s where John Lennon's lawyer managed to make information about it public using a FOIA, it's acknowledged in some laws (like the RealID Act), and DACA isn't even the first blanket exercise of Deferred Action, you also had:
1. 80,000 Chinese nationals granted Deferred Action after Tienanmen Square under Bush Sr., eventually superseded by Chinese Student Protection Act
2. 1,500,000 granted Deferred Action as part of the Family Fairness Program under Bush Sr., eventually superseded by Family Unity in INA 1990 and LIFE Act of 2000.
3. Deferred Action to people who might be eligible for VAWA if it passed (Unknown amount) under Clinton, eventually superseded by VAWA, technically still ongoing since USCIS will grant you Deferred Action if your I-360 is approved.
4. Deferred Action to students who were affected by Hurricane Katrina (unknown number) under Bush Jr.
5. Extended Deferred Action to Widow(er)s of US Citizens and their children under 21 (unknown number) under Obama, eventually superseded by a court settlement and congress removing 2 year marriage requirement.

Family fairness itself was almost double of however many people were ever granted DACA (around 825K).
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Last edited by Demise; 06-21-2020 at 12:55 PM..
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#25
06-21-2020, 12:58 PM
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Quote:
Originally Posted by Demise View Post
Honestly I think that Supreme Court would issue a stay and would uphold that DACA wasn't illegal. DHS v. Regents wasn't about the legality of DACA because nobody asked the court to review if it was legal in the first place, it was only an argument regarding "Can it be ended the way it was ended".

Deferred Action existed in some form since at very least 1970s where John Lennon's lawyer managed to make information about it public using a FOIA, it's acknowledged in some laws (like the RealID Act), and DACA isn't even the first blanket exercise of Deferred Action, you also had:
1. 80,000 Chinese nationals granted Deferred Action after Tienanmen Square under Bush Sr., eventually superseded by Chinese Student Protection Act
2. 1,500,000 granted Deferred Action as part of the Family Fairness Program under Bush Sr., eventually superseded by Family Unity in INA 1990 and LIFE Act of 2000.
3. Deferred Action to people who might be eligible for VAWA if it passed (Unknown amount) under Clinton, eventually superseded by VAWA, technically still ongoing since USCIS will grant you Deferred Action if your I-360 is approved.
4. Deferred Action to students who were affected by Hurricane Katrina (unknown number) under Bush Jr.
5. Extended Deferred Action to Widow(er)s of US Citizens and their children under 21 (unknown number) under Obama, eventually superseded by a court settlement and congress removing 2 year marriage requirement.

Family fairness itself was almost double of however many people were ever granted DACA (around 825K).
That makes sense to me. Although, has deferred action ever been challenged as being unconstitutional? The fact that it has been used several times in history doesn’t necessarily make it constitutional. You know infinitely more about this than me, so curious to hear your answer.
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#26
06-21-2020, 01:05 PM
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Quote:
Originally Posted by Afridi786 View Post
There's also the Texas lawsuit, that could end DACA for good. No president would be able to bring it back.
I wouldn't worry about that. Regardless of what they rule a blue state judge will rule the opposite and gridlock it. Then it will go back to the supreme court. The only thing we have to worry about is Trump stealing the election. Otherwise we are good to survive till 2021.
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#27
06-21-2020, 01:09 PM
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Quote:
Originally Posted by isk84life View Post
That makes sense to me. Although, has deferred action ever been challenged as being unconstitutional? The fact that it has been used several times in history doesn’t necessarily make it constitutional. You know infinitely more about this than me, so curious to hear your answer.
The argument would be on the limits of presidential power not the legality of daca. DACA has always been a temporary enforcement discretion.
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#28
06-21-2020, 05:59 PM
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Quote:
Originally Posted by JayR9 View Post
The argument would be on the limits of presidential power not the legality of daca. DACA has always been a temporary enforcement discretion.
True, but "conservatives" rule that the president can ban anyone from coming into the country, change the requirements for obtaining permanent residency, change the criteria for claiming asylum, and ban the issuance of certain visa categories but the president has no power to offer deferred action to those in the country.

Isn't that crazy?
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#29
06-21-2020, 10:07 PM
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Quote:
Originally Posted by bigdreamer2010 View Post
True, but "conservatives" rule that the president can ban anyone from coming into the country, change the requirements for obtaining permanent residency, change the criteria for claiming asylum, and ban the issuance of certain visa categories but the president has no power to offer deferred action to those in the country.

Isn't that crazy?
yeah trump definitely expanded EO. It will be interesting how future democrats presidents will take advantage of that.
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