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LEGAL Federal appeals court rules against Trump administration on DACA
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  1. #1
    Join Date
    May 2001
    Location
    Behind Enemy Lines
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    155,142

    Federal appeals court rules against Trump administration on DACA

    [And THIS ladies and germs, is why it was so vital to keep the senate - Dennis]


    Federal appeals court rules against Trump administration on DACA
    Brooke Singman
    3-4 minutes

    A federal appeals court in San Francisco ruled against the Trump administration Thursday, saying the government cannot immediately end the DACA program that gives young undocumented immigrants a chance to continue living and working in the U.S. without the threat of deportation.

    The administration had sought to block an injunction from lower courts that temporarily prevented the government from going ahead with plans to end the Deferred Action for Childhood Arrivals program.

    “The Executive wields awesome power in the enforcement of our nation’s immigration laws,” the ruling said. “Our decision today does not curb that power, but rather enables its exercise in a manner that is free from legal misconceptions and is democratically accountable to the public.”

    The ruling comes just days after the Trump administration asked the Supreme Court to take over three cases concerning pending lawsuits that seek to preserve DACA.

    DACA, which was created under the Obama administration through executive order, gives some illegal immigrants who were brought to the United States as children the opportunity to receive a renewable two-year period of deferred action from deportation and become eligible for a work permit.

    Last year, the Trump administration announced its plan to phase out the program, but federal courts have ruled that the phase-out could not apply retroactively and that the program should be restarted.

    TRUMP ADMINISTRATION ASKS SUPREME COURT TO FAST TRACK DACA CASES IN BID TO BYPASS NINTH CIRCUIT

    The White House fought back on those decisions, which were premised on the idea that the Executive Branch cannot arbitrarily phase out a right that individuals have come to rely on, simply by arguing that the right was established illegally without congressional approval.

    DACA proponents have also argued that Trump’s planned termination of the program violates federal law requiring adequate notice-and-comment periods before certain federal rules are changed, as well as other constitutional equal protection and due process guarantees.

    Earlier this year, in February, the Trump administration similarly attempted to appeal to the Supreme Court after another lower court ordered that DACA resume. The Supreme Court rejected that request.

    The cases are DHS v. Regents of the University of California (18-587) (CA9); Trump v. National Association for the Advancement of Colored People (18-588) (CADC); and Nielsen v. Vidal (18-589) (CA2). The Trump administration is seeking to convince the Supreme Court to consolidate those cases because they make the same substantive objections to the planned DACA rollback, and toss them all out on the merits.


    https://www.foxnews.com/politics/fed...ration-on-daca

  2. #2

    18 BREAKING: Liberal 9th Circuit Strikes Again…

    Next stop … the Supreme Court

    BREAKING: 9TH Circuit says homeland secretary's decision to end DACA was arbitrary and capricious. Trump administration had asked #scotus to intervene even before decision was announced. https://t.co/k0m4ayHsic

    — Robert Barnes (@scotusreporter) November 8, 2018


    BREAKING: US appeals court won't immediately let Trump end Obama-era program shielding young immigrants from deportation. https://t.co/MiJG3lSGMU

    — The Associated Press (@AP) November 8, 2018


    A federal appeals court ruled that President Trump cannot end DACA – an Obama-era program to protect young immigrants https://t.co/vm6eKX1K6P

    — USA TODAY (@USATODAY) November 8, 2018



    #BREAKING: US appeals court rules against Trump over DACA cancellation https://t.co/3OJmsrARTv pic.twitter.com/g41ymWBIp8

    — The Hill (@thehill) November 8, 2018


    Federal appeals court rules against Trump administration effort to end DACA

    A panel of the U.S. Court of Appeals for the 9th Circuit agreed with a federal district judge’s decision in January that Trump lacked the authority to eliminate the program – a proposal the president made last year in hopes of prodding Congress to act.

    “Plaintiffs are likely to succeed on their claim that the rescission of DACA — at least as justified on this record — is arbitrary, capricious or otherwise not in accordance with law,” the three-member panel said.

    The decision leaves in place for now the popular Deferred Action for Childhood Arrivals program known as DACA, which has protected more than 700,000 undocumented immigrants from deportation and enabled them to get work permits.

    But the Justice Department is likely to appeal the ruling to the Supreme Court, which now has five reliably conservative justices. The high court in February refused to leap-frog the appeals court’s review of Judge William Alsup’s decision.

    Two other federal appeals courts also are reviewing the dispute between the Trump administration and the states, local governments and immigrant rights groups fighting to maintain the program.

    Source: https://www.citizenfreepress.com/bre...strikes-again/
    >>>>> On the Internet you can be anything you want. It's so strange that many people choose to be stupid. <<<<<

  3. #3
    Join Date
    May 2001
    Location
    In CLE again
    Posts
    53,022
    Da Fuque?

    The FORMATION OF THE PROGRAM was capricious.
    RULE 1:
    THEY want you DEAD.


    Athens, Tenn.
    Remember WHY?

  4. #4
    Join Date
    May 2001
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    Behind Enemy Lines
    Posts
    155,142
    Dup

  5. #5
    Join Date
    May 2001
    Location
    Cut & Shoot, Tx.
    Posts
    7,659
    merged like news

  6. #6
    Join Date
    Oct 2014
    Location
    'murKKa - FEMA region IV
    Posts
    8,170
    deleted a dup
    Last edited by Raggedyman; 11-08-2018 at 05:55 PM.
    “So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth.” REV 3:16

    Raging Deplorable - we do NOT forget; we do NOT forgive; we are LEGION

  7. #7
    Join Date
    Mar 2007
    Location
    West Virginia
    Posts
    35,762
    Send in the marshals and have him deported.

  8. #8
    Join Date
    Oct 2014
    Location
    'murKKa - FEMA region IV
    Posts
    8,170
    “Plaintiffs are likely to succeed on their claim that the rescission of DACA — at least as justified on this record — is arbitrary, capricious or otherwise not in accordance with law,” the three-member panel said.


    .04 run time
    “So then because thou art lukewarm, and neither cold nor hot, I will spue thee out of my mouth.” REV 3:16

    Raging Deplorable - we do NOT forget; we do NOT forgive; we are LEGION

  9. #9
    Join Date
    Apr 2004
    Location
    Alabama, CSA
    Posts
    11,943
    Fund it out of their pay check and I bet it will end quickly.
    Alabama - Independent Now and Forever - Noli Me Tangere

    The Confederacy - Fighting Terrorism Since 1861

  10. #10
    The SC will overturn this. It was only an executive order and not a law passed by Congress and executive orders can simply be reversed by any president.

  11. #11
    Quote Originally Posted by poppy View Post
    The SC will overturn this. It was only an executive order and not a law passed by Congress and executive orders can simply be reversed by any president.
    I'm not sure that's true if the issuing president is "black."

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