Legal fight over Obama's immigration orders may outlast his presidency

IamAman · 09-29-2015, 05:03 PM

http://www.cnn.com/2015/09/29/politi...awsuit-delays/
I too get the feeling that the 5th circuit which will likely deny lifting the injunction is holding off their decision to make sure the Supereme court doesn't get it in time for June 2016 .

Quote:

(CNN)Mario Sidonio is an aspiring astrophysicist with big American dreams. But lately the 17-year-old has been waking up every day hoping a federal appeals court will come down with a ruling that could help his family secure a better future.

Mario is a U.S. citizen born and raised in Texas. But his father is an undocumented worker, trying to support his six children who are all U.S. citizens.

The family has been on an emotional roller coaster since last November when President Barack Obama announced executive actions that would ease deportation threats to some 4 million undocumented workers. Mario's father would have been eligible for one of the programs. But last February, U.S. District Judge Andrew S. Hanen sided with Texas and 25 other states challenging the programs and temporarily blocked them from going forward.

RELATED: CNN/ORC poll: Guns, immigration, abortion increasingly important to voters

Temporary, however, could mean more than a year. The Sidonios and millions of other similarly situated families across the country have seen their dreams turn into a slow-moving court case that remains stalled. Meanwhile, several Republican candidates have seized on the President's programs as a talking point on the campaign trail, with some presidential hopefuls endorsing strict deportation policies and suggesting that not all children born in the U.S. should be eligible for citizenship in the first place.

After losing in the district court, the administration appealed its case to a three judge panel on the U.S. Court of Appeals for the Fifth Circuit based out of New Orleans. The appeals court heard arguments in July — and both sides are getting impatient.

"Almost three months later, we are still waiting on a decision," said Josh Blackman, an Associate Professor of Law at the South Texas College of Law. Blackman, working with the libertarian CATO Institute, has filed a brief in support of Texas and the other states who believe the President's executive actions were an unprecedented expansion of executive power.

Blackman supports comprehensive immigration reform, but he writes in the brief, "it is not, however, for the President to make such changes alone, in conflict with the laws passed by Congress, and in ways that go beyond constitutionally-authorized executive power."

No final decision coming soon
This step won't be the last. This court battle will most likely reach the Supreme Court, and the appeal process might outlive Obama's presidency.

"We're very frustrated," Mario said in an interview. His father planned to apply for a program called "Deferred Action for Parents of Americans and Lawful Permanent Residents " (DAPA) that would have made him eligible for work authorization and associated benefits.

"We are wondering what is taking so long," said Mario. He hopes that even if his side loses at the Fifth Circuit, the case could be appealed to the Supreme Court in time for it to be heard and decided this term. But for that to happen, the case would need to be decided very soon.

On dark days Mario fears the appeals court, which is generally considered to be very conservative, is slow-walking a decision as a way to run out the final months of the Obama administration.

"I feel like it's being delayed on purpose, but maybe that's just the frustration talking," he said.

"There is a distinct possibility that if this case is decided too late, there may not be enough time for the Supreme Court to argue and decide the inevitable appeal by June 2016," said Blackman who added that if the case is kicked to the fall of 2016, the decision could come after the next presidential election.

RELATED: Jeb Bush on immigration: my plan is 'dignified'

According to the Center for the Study of Immigrant Integration at the University of Southern California, there are approximately 6.3 million children who live in a household with a DAPA eligible mother or father, and 5.5 million are U.S. Citizens.

In a recent study, CSII says that nearly 600,000 children of parents that could be eligible for DAPA currently have the right to vote.

Next fall, that will include Mario who was shocked when he hear Republican front-runner Donald Trump explain his immigration views during the most recent debate.

"A woman gets pregnant. She's nine months, she walks across the border, she has the baby in the United States, and we take care of the baby for 85 years. I don't think so." Trump said.

Mario said he expects to respond at the voting booth.

dtrt09 · 09-29-2015, 05:13 PM

Administration can publish regulations in Fed Register - lawsuit is moot.

IamAman · 09-29-2015, 11:48 PM

Quote:

Originally Posted by dtrt09

Administration can publish regulations in Fed Register - lawsuit is moot.

I have chronic GERD (Acid Reflux Disease). It's pretty straight forward- there is a valve (Lower Esophageal Sphincter) where the esophagus meets the stomach that opens when food comes through and it's supposed to close to trap the stomach acid in and for people with GERD, it doesn't close all the way so acid splashes up the esophagus and damages it and if left untreated can lead to cancer. The usual course of action is to take some sort of acid reducer be it an H2 blocker like Zantac (blocks about 30% of the stomach acid) or a Proton Pump Inhibitor like Nexium which blocks about 90% of the stomach acid. Or surgery.

I confess this personal medical problem because around 7 years ago when I started getting heartburn, and my doctor put me on a PPI after doing an upper GI xray to confirm his diagnosis, I was getting all kinds of advice from my non-doctor friends. The most persistent one was a friend who kept telling me that I was too young to be taking a pill every day.

"Your doctor doesn't know anything! If I get heartburn, I drink apple cider vinegar and water and it goes away".

"If I stop taking my acid reducer, the heartburn gets so bad that I can't even eat a banana without being miserable, wouldn't adding acid on top of a healing esophagus make it even worse?"

"You're so negative! Have you even tried it before you poopoo it?"

"But it just doesn't make sense. If it was that easy, my doctor would have already told me about it"

"Doctors aren't trained in nutrition and just like to give pills, just try it".

So just to shut her ass up, I stopped taking my pill and I got some apple cider vinegar and mixed some with water and drank it. Just as expected, it burned like hell and did nothing to prevent the reflux. In fact, I hurt so bad that I ended up seeing a specialist just to double check my doctor's diagnosis and told him about it and he confirmed that it made no sense and it was stupid. A few people have some theories about why apple cider vinegar might work on some very acute cases or perhaps indigestion, but it's virtually worthless on chronic gerd.

I take my little pill every day and have things under control now and even though I'm at a higher risk for osteoporosis than other people, at least my stomach isn't eating my esophagus. Sure it would be nice to believe that I don't have to take them and there is an easier way out, but there is not.

So again, why am I continuing with this pointless story? Because much like my non doctor friend who was giving me medical advice based on a few things she had heard from supposed experts, you my online non-lawyer amigo are insisting on your legal advice based on the opinion of one or two lawyers when the entire justice department also made up of lawyers don't feel the same way.

DACA-IR-DA · 09-30-2015, 01:24 AM

When Mario turns 21 then he can sponsor his father for Green Card right?

So what is next? Will it prevail in Obama's term?

lovemode · 09-30-2015, 06:12 PM

How did the admin resolve the lawsuit against DACA 2012? Was there any lawsuit during that time?

IamAman · 09-30-2015, 07:05 PM

Quote:

Originally Posted by lovemode

How did the admin resolve the lawsuit against DACA 2012? Was there any lawsuit during that time?

Those were different types of lawsuits. This time, it was a perfect storm - Abbott is a former attorney general and very savvy and a dislike for Obama. He found a US Judge in Brownsville with a reputation and receptive, the 5th circuit court is very conservative, and on top of that, the two possible worst judges for immigration were assigned to the case not once but twice.

DACA-IR-DA · 09-30-2015, 07:22 PM

Quote:

Originally Posted by IamAman

Those were different types of lawsuits. This time, it was a perfect storm - Abbott is a former attorney general and very savvy and a dislike for Obama. He found a US Judge in Brownsville with a reputation and receptive, the 5th circuit court is very conservative, and on top of that, the two possible worst judges for immigration were assigned to the case not once but twice.

How did the same judges were picked twice out of all those?

So it looks like Obama's Admin isn't in the hurry to resolve this? Why not let it fail in 5th and let it go to Supreme Court now?

Demise · 08:50 PM

Quote:

Originally Posted by DACA-IR-DA

When Mario turns 21 then he can sponsor his father for Green Card right?

So what is next? Will it prevail in Obama's term?

Depends how the father entered. If the father overstayed a visa then he's good. If he entered illegally then he's boned. One thing that DAPA would allow but no one wants to mention is availability of advance parole, and with advance parole you can clear an EWI and adjust status.

Quote:

Originally Posted by lovemode

How did the admin resolve the lawsuit against DACA 2012? Was there any lawsuit during that time?

In 2012 Retardicans tried it with an administrative court in D.C.,the court basically told them to fuck off, they appealed, the next court told them to fuck off. In this case they rolled an activist judge that will stall until the end of the world and then a few more months for good measure. However, in 2012 the original DACA was published as a substantial regulation into the federal register. They didn't do this with eDACA and DAPA.

DACA Federal Register publication:
https://federalregister.gov/a/2012-20247

Quote:

Originally Posted by DACA-IR-DA

How did the same judges were picked twice out of all those?

So it looks like Obama's Admin isn't in the hurry to resolve this? Why not let it fail in 5th and let it go to Supreme Court now?

Biggest problem being that the court just keeps stalling. It won't issue a verdict, even if Obama were to pull out and declare DAPA dead, they'd still piss around forever. I feel Obama is playing them and is playing them hard. Remember - DACA came from the immigrant groups almost completely disowning Obama (hell, even we here were close to . I feel like they'll post the regulations before right before the next election. Decapitate the lawsuit and throw the bone to the Latino base. Then let Hannen sit on his moot injunction. Three birds with one stone - retards get bitchslapped, eDACA and DAPA get implemented, and democrats show that they are doing something for the immigrants so their families will vote for them...

DACA-IR-DA · 10-01-2015, 12:59 AM

Quote:

Originally Posted by Demise

Depends how the father entered. If the father overstayed a visa then he's good. If he entered illegally then he's boned. One thing that DAPA would allow but no one wants to mention is availability of advance parole, and with advance parole you can clear an EWI and adjust status.

In 2012 Retardicans tried it with an administrative court in D.C.,the court basically told them to fuck off, they appealed, the next court told them to fuck off. In this case they rolled an activist judge that will stall until the end of the world and then a few more months for good measure. However, in 2012 the original DACA was published as a substantial regulation into the federal register. They didn't do this with eDACA and DAPA.

DACA Federal Register publication:
https://federalregister.gov/a/2012-20247

Biggest problem being that the court just keeps stalling. It won't issue a verdict, even if Obama were to pull out and declare DAPA dead, they'd still piss around forever. I feel Obama is playing them and is playing them hard. Remember - DACA came from the immigrant groups almost completely disowning Obama (hell, even we here were close to . I feel like they'll post the regulations before right before the next election. Decapitate the lawsuit and throw the bone to the Latino base. Then let Hannen sit on his moot injunction. Three birds with one stone - retards get bitchslapped, eDACA and DAPA get implemented, and democrats show that they are doing something for the immigrants so their families will vote for them...

Unless the father qualified under 245i clause. Isn't there a waiver for EWI as well?

You think DACA Expansin will prevail before 2016 elections?

Demise · 10-01-2015, 01:31 AM

Quote:

Originally Posted by DACA-IR-DA

Unless the father qualified under 245i clause. Isn't there a waiver for EWI as well?

You think DACA Expansin will prevail before 2016 elections?

There is no waiver for EWI (there are a few exceptions like 245(i)). EWI is cleared the moment one leaves - but that tends to trigger a re-entry ban due to illegal presence, for which I-601 or I-601A waiver is needed. Problem being - that waiver is not available to parents (unless they have a LPR/USC spouse or parent of their own).

DAPA would bypass the issue with EWI parents of citizens and their ineligibility for I-601/A waivers. Get DAPA, get AP, travel, return, have your kid petition you once he/she turns 21, you'll have your green card within 6 months.

I think it will prevail. The administration has been too stupid with this lawsuit, much more stupid than one would normally expect. They'll publish the regulations and Hanen will go back to being a two-bit judge in a backwater court in rural Texas. The lawsuit will die on its own since it'll be moot.

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Legal fight over Obama's immigration orders may outlast his presidency