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General Interest and Lifestyles => Freedom Hall (politics) => Topic started by: Romanticlover on Oct 06, 2022, 05:06 PM

Title: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 05:06 PM
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
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 06, 2022, 05:43 PM
Quote from: Romanticlover on Oct 06, 2022, 05:06 PMThe 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...
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 05:48 PM
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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 05:54 PM
All of these court cases come down to this one simple fact: only Congress can make immigration laws not the President
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 06, 2022, 06:30 PM
Quote from: Romanticlover on Oct 06, 2022, 05:48 PMAlso 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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: HighStepper on Oct 06, 2022, 06:51 PM
Quote from: Blkfyre on Oct 06, 2022, 06:30 PMQuote 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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 06:56 PM
How many times do I have to say this: not legal is the same as illegal
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 06, 2022, 06:59 PM
Quote from: Romanticlover on Oct 06, 2022, 06:56 PMHow 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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: HighStepper on Oct 06, 2022, 07:00 PM
Quote from: Romanticlover on Oct 06, 2022, 05:54 PMAll 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 (https://fantasysaloon.com/index.php?msg=8767)
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 07:03 PM
...and I'll bet money the Texas judge says this: "After reading the Presidents recommendations my ruling still stands."

Then what happens?
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 06, 2022, 07:06 PM
Quote from: Romanticlover on Oct 06, 2022, 07:03 PM...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
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 07:06 PM
Quote from: HighStepper on Oct 06, 2022, 07:00 PMYes, 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 (https://fantasysaloon.com/index.php?msg=8767)


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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 06, 2022, 07:07 PM
Quote from: Romanticlover on Oct 06, 2022, 05:54 PMAll 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...
Title: Re: 5th Circuit Court ruling on DACA
Post by: HighStepper on Oct 06, 2022, 07:09 PM
Quote from: Blkfyre on Oct 06, 2022, 07:06 PMThen 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 (https://www.google.com/search?q=Is+DACA+legal%3F&rlz=1C1FGUR_enUS836US836&sxsrf=ALiCzsaULErGq1OGDy6TUiYvmu7sKsI4ZQ%3A1665108123739&ei=m4g_Y8TWLKrf0PEPx_2GOA&ved=0ahUKEwiEkOmRg836AhWqLzQIHce-AQcQ4dUDCA4&uact=5&oq=Is+DACA+legal%3F&gs_lcp=Cgdnd3Mtd2l6EAMyBQgAEIAEMgUIABCABDIGCAAQHhAWMgYIABAeEBYyBggAEB4QFjIGCAAQHhAWMgYIABAeEBYyBQgAEIYDMgUIABCGAzIFCAAQhgM6CQgjECcQRhD5AToECCMQJzoFCAAQkQI6CwgAEIAEELEDEIMBOg4ILhCABBCxAxDHARDRAzoLCC4QgAQQxwEQ0QM6BAgAEAM6BAguEEM6BwguENQCEEM6CAgAEIAEELEDOgUILhCABDoECAAQQzoICAAQsQMQgwE6CwguEIAEELEDEIMBOgcIABDJAxBDOgoIABCABBCHAhAUSgQIQRgASgQIRhgAUABYzVJgkVtoAXABeACAAcUBiAGgDJIBAzkuNpgBAKABAcABAQ&sclient=gws-wiz)

Title: Re: 5th Circuit Court ruling on DACA
Post by: HighStepper on Oct 06, 2022, 07:20 PM
Quote from: Romanticlover on Oct 06, 2022, 07:06 PMThat'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.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Tuscano on Oct 06, 2022, 07:22 PM
SMH. We should be thankful immigrants still want to come to the USA! The world is experiencing an aging population AND a population DECLINE! Soon there will be competition for immigrants! WHY? Who do you think is going to pay for your Social Security/medicare with both an aging and declining population?!?
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 06, 2022, 07:29 PM
I(and most Americans) don't have a problem with LEGAL immigrants.
Current Federal laws:
They have to have a passport to enter the US
If a visitor wishes to stay in the US then they must get a visa which is renewed every 6 months
After one year a visitor can apply for permanent residency(green card)
A permanent resident can apply for US citizenship

We have laws made by Congress for a reason.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 14, 2022, 04:46 PM
A federal judge in Texas on Friday extended an order temporarily allowing hundreds of thousands of young immigrants enrolled in a program to work and study in the U.S. without fear of being deported.

U.S. District Judge Andrew Hanen of Houston had ruled last year that the decade-old Deferred Action for Childhood Arrivals program was unlawful, but allowed it to stay intact as advocates appealed his ruling. In a decision last week, the 5th U.S. Circuit Court of Appeals sent the case back to Hanen, saying he should consider whether a new rule issued by the Biden administration impacts his findings.

https://www.nbcnews.com/politics/immigration/federal-judge-temporarily-allows-daca-protections-continue-rcna52339
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 14, 2022, 04:51 PM
'At a hearing Friday, Hanen ordered attorneys in the case to provide more information and said he expects additional legal arguments related to the new rule. While he did not not lay out a timetable for the case moving forward, the current protections are expected to remain in place for at least several more months as each side presses their case.'



All he did was kick the can down the road without solving the problem.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Blkfyre on Oct 14, 2022, 04:53 PM
Quote from: Romanticlover on Oct 14, 2022, 04:51 PM'At a hearing Friday, Hanen ordered attorneys in the case to provide more information and said he expects additional legal arguments related to the new rule. While he did not not lay out a timetable for the case moving forward, the current protections are expected to remain in place for at least several more months as each side presses their case.'



All he did was kick the can down the road without solving the problem.

But while doing so, made sure that the program, and those in it remained legal.
Title: Re: 5th Circuit Court ruling on DACA
Post by: bats on Oct 14, 2022, 06:17 PM
Quote from: Romanticlover on Oct 14, 2022, 04:51 PMAll he did was kick the can down the road without solving the problem.
Did you really expect him to just tell the 5th Circuit to fuck right off? It doesn't work that way. LOL
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 14, 2022, 06:40 PM
Quote from: bats on Oct 14, 2022, 06:17 PMDid you really expect him to just tell the 5th Circuit to fuck right off? It doesn't work that way. LOL

Yes it does work that way batbrain, the 5th Circuit kicked it back to him.
We need this to go to the SCOTUS to make a decision and solve the problem.

I really feel sorry for the kids(dreamers) but I blame their parents for coming to our country and not filing out the proper paperwork. We are a nation of laws and everyone has to fill out paperwork for jobs, to open a bank account, get a DL, vote, etc.

I can't walk into Canada or Mexico and say "give me a DL and free shit", they would just laugh and tell me to GTFO.
Title: Re: 5th Circuit Court ruling on DACA
Post by: bats on Oct 14, 2022, 07:23 PM
Quote from: Romanticlover on Oct 14, 2022, 06:40 PMYes it does work that way batbrain, the 5th Circuit kicked it back to him.
They sent it back to him with instructions to consider the newer version of the rule set to take effect on October 31st. With that instruction from a higher court, he can't very well just say, "Well, I've considered it, and that's that."

Now, eventually, it probably will go to SCOTUS, where the extremist Trump appointees will join fellow nutjobs Thomas and Alito in invalidating the whole program.

Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 14, 2022, 07:32 PM
Quote from: bats on Oct 14, 2022, 07:23 PMNow, eventually, it probably will go to SCOTUS, where the extremist Trump appointees will join fellow nutjobs Thomas and Alito in invalidating the whole program.



I hope it is invalidated.

Fill out the proper paperwork or GTFO of my country.
Title: Re: 5th Circuit Court ruling on DACA
Post by: bats on Oct 14, 2022, 08:23 PM
Quote from: Romanticlover on Oct 14, 2022, 07:32 PMI hope it is invalidated.

Fill out the proper paperwork or GTFO of my country.
You make it sound like you built the fucking place. But you're only a citizen because you were born here, and each and every one of us is a descendant of people who weren't born here.
Title: Re: 5th Circuit Court ruling on DACA
Post by: Romanticlover on Oct 14, 2022, 08:35 PM
My ancestors were here before this was a country, some fought in the Revolutionary War, some fought in the Civil War, many fought in WWII. I was born here and served in the military, I also have paid income taxes since I was 17. It's my country and I care about it.

The law applies to everyone regardless where they came from.
Title: Re: 5th Circuit Court ruling on DACA
Post by: bats on Oct 14, 2022, 09:43 PM
Quote from: Romanticlover on Oct 14, 2022, 08:35 PMMy ancestors were here before this was a country, some fought in the Revolutionary War, some fought in the Civil War, many fought in WWII. I was born here and served in the military, I also have paid income taxes since I was 17. It's my country and I care about it.
My bad. I didn't realize you were Native American.