Third judge rules against Trump move to end DACA - Page 6

Originally Posted by TexasDreamy

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.

Originally Posted by dreamcast0819

I might be reading this incorrectly, but this seems good and bad. Its giving DHS 90 days to come up with a memorandum. Isn't this giving them a chance to properly end it for good?

Originally Posted by JavierHTx

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.

Originally Posted by jorgeag92

I wouldnt rush on that advance parole. You dont want to be stuck in Mexico if it gets cancelled while you are there. Careful!

Originally Posted by TexasDreamy

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.

Originally Posted by dreamcast0819

I might be reading this incorrectly, but this seems good and bad. Its giving DHS 90 days to come up with a memorandum. Isn't this giving them a chance to properly end it for good?