5th Circuit Court ruling on DACA

[Romanticlover]

The 5th Circuit Court ruled DACA is illegal yesterday, I'm sure there will be another ruling coming soon regarding the legality of letting undocumented immigrants stay in the US while they wait for their court date.

https://www.npr.org/2022/10/05/1127107147/an-appeals-court-rules-against-daca-but-the-program-continues-for-now

[Blkfyre]

The 5th Circuit Court ruled DACA is illegal yesterday, I'm sure there will be another ruling coming soon regarding the legality of letting undocumented immigrants stay in the US while they wait for their court date.

https://www.npr.org/2022/10/05/1127107147/an-appeals-court-rules-against-daca-but-the-program-continues-for-now

Nope. From YOUR article thefore you shouldn't have any issue with the facts presented there:

" A federal appeals court Wednesday ordered a lower court review of Biden administration revisions to a program preventing the deportation of hundreds of thousands of immigrants brought into the United States as children.

The 5th U.S. Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. The ruling, for now, leaves the future of the Deferred Action for Childhood Arrivals up in the air.

"It appears that the status quo for DACA remains," said Veronica Garcia, an attorney for the Immigrant Legal Resource Center, an advocacy organization."

"A district court is in the best position to review the administrative record in the rulemaking proceeding," said the opinion by Chief 5th Circuit Judge Priscilla Richman, nominated to the court by President George W. Bush. The other panel members were judges Kurt Engelhardt and James Ho, both appointees of President Donald Trump.

So, basically, they declined to make a ruling instead kicking it back down to the judge who made the original ruling that was stayed, and instructed him to consider the revisions to the program that Biden put into place. That is all but saying in their opinion he should reconsider.

So, no, they did NOT rule anything illegal...

[Romanticlover]

Also in that story are these two paragraphs which you mysteriously forgot to mention:

'Texas-based U.S. District Judge Andrew Hanen last year declared DACA illegal. He found that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. But he left the program temporarily intact for those already benefiting from it, pending the appeal.

Wednesday's ruling by three judges of the New Orleans-based 5th Circuit upholds the judge's initial finding. But it sends the case back to him for a look at a new version of the rule issued by the Biden administration in late August. The new rule takes effect Oct. 31.'

It's highly unlikely that the Texas judge changes his opinion.

[Romanticlover]

All of these court cases come down to this one simple fact: only Congress can make immigration laws not the President

[Blkfyre]

Also in that story are these two paragraphs which you mysteriously forgot to mention:

'Texas-based U.S. District Judge Andrew Hanen last year declared DACA illegal. He found that the program had not been subjected to public notice and comment periods required under the federal Administrative Procedures Act. But he left the program temporarily intact for those already benefiting from it, pending the appeal.

Wednesday's ruling by three judges of the New Orleans-based 5th Circuit upholds the judge's initial finding. But it sends the case back to him for a look at a new version of the rule issued by the Biden administration in late August. The new rule takes effect Oct. 31.'

It's highly unlikely that the Texas judge changes his opinion.

Quote from: Romanticlover on Today at 05:06 PM
The 5th Circuit Court ruled DACA is illegal yesterday, <---I was responding to this where the 5th Circuit court did NOT rule it was illegal and nothing you have said since has proven me wrong.

[HighStepper]

Quote from: Romanticlover on Today at 05:06 PM
The 5th Circuit Court ruled DACA is illegal yesterday, <---I was responding to this where the 5th Circuit court did NOT rule it was illegal and nothing you have said since has proven me wrong.

OK, 5th Circuit court did NOT rule it was illegal, they send it back to a court that said it was not legal. So, as it stands now DACA is not legal.

[Romanticlover]

How many times do I have to say this: not legal is the same as illegal

[Blkfyre]

How many times do I have to say this: not legal is the same as illegal

Nope again. back to YOUR article:

The 5th U.S. Circuit Court of Appeals said a federal district judge in Texas should take another look at the program following the revisions adopted in August. The ruling, for now, leaves the future of the Deferred Action for Childhood Arrivals up in the air.

"It appears that the status quo for DACA remains," said Veronica Garcia, an attorney for the Immigrant Legal Resource Center, an advocacy organization."

Leaving the future up in the air means UNTIL the judge reviews things and makes another ruling, it is currently still legal.

[HighStepper]

All of these court cases come down to this one simple fact: only Congress can make immigration laws not the President

Yes, if only Congress would do their job.

We need comprehensive immigration reform. Something that has been sought by both parties unsuccessfully, since the presidency of Ronald Regan. Immigration issue discussed

[Romanticlover]

...and I'll bet money the Texas judge says this: "After reading the Presidents recommendations my ruling still stands."

Then what happens?

[Blkfyre]

...and I'll bet money the Texas judge says this: "After reading the Presidents recommendations my ruling still stands."

Then what happens?

Then it's illegal until it's appealed and stayed again. But until that point, nope, still legal

[Romanticlover]

Yes, if only Congress would do their job.

We need comprehensive immigration reform. Something that has been sought by both parties unsuccessfully, since the presidency of Ronald Regan. Immigration issue discussed

That's never going to happen again in my lifetime, that was suppose to be a one and done fix but as we all know more illegals entered our country afterwards. Employees have to fill out an I-9 to prove they are legally allowed to work in the US.

[Blkfyre]

All of these court cases come down to this one simple fact: only Congress can make immigration laws not the President

Funny, conservatives didn't say the same thing when Trump was issuing executive orders on immigration and to this day defend his policies...

[HighStepper]

Then it's illegal until it's appealed and stayed again. But until that point, nope, still legal

Nope NOT legal.
On Oct. 5, 2022, a federal appeals court affirmed a 2021 lower court decision that deemed the program to be illegal.

Appeals Court Says DACA Is Illegal but Keeps Program Alive for Now.

Links to various articles

[HighStepper]

That's never going to happen again in my lifetime, that was suppose to be a one and done fix but as we all know more illegals entered our country afterwards. Employees have to fill out an I-9 to prove they are legally allowed to work in the US.

Unfortunately you may be right. The problem is more politically advantages than the solution. If you really want to stop illegal immigration put the employers that hire them in prison.