Author Topic: Judge rules again for DACA  (Read 236 times)

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Online Pandora

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Judge rules again for DACA
« on: August 04, 2018, 07:35:12 AM »
A D.C.-based federal judge on Friday ordered the Trump administration to restart in full the Deferred Action for Childhood Arrivals program.

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... The restart won’t be immediate. U.S. District Judge John Bates said Friday that the order would be delayed until Aug. 23 to allow the government to appeal, but he denied a Justice Department motion to reconsider his earlier decision, saying there were still deficiencies in the administration’s rationale for rescinding DACA.

“The court has already once given DHS the opportunity to remedy these deficiencies — either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons that would preclude judicial review,” said Bates, “So it will not do so again.”

He also threatened to vacate the memo ending DACA — and thereby restore the program in full — if Trump officials could not present an adequate reason for ending it.

In a 25-page opinion Friday, Bates, an appointee of former President George W. Bush, rejected the administration’s argument that the original decision to end DACA remained sound.

Bates said the Nielsen memo, like Duke’s before it, “offers nothing even remotely approaching a considered legal assessment that this court could subject to judicial review.”

In other words, the judge wants a damn good reason (by his lights) for allowing the administration to end a program "that was not established by Congress, it wasn’t established by Executive Order, it wasn’t created by DHS rule-making under the Administrative Procedure Act; it was established by a memo former DHS Secretary Janet Napolitano sent out to her field staff directing them to not deport illegal aliens who allege that they were brought to the US as children."

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... Be that as it may, three federal judges have now ruled that a memo written by a previous administration’s political appointee can’t be rescinded by that appointee’s successor in either that or a later administration. This whole logic is bonkers ....

What's worse?

https://www.wsj.com/articles/judge-orders-trump-administration-to-find-hundreds-of-deported-parents-1533334895

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A federal judge said the Trump administration is responsible for finding hundreds of immigrant parents deported or released into the U.S. without their children in the wake of the government’s policy of separating families at the Mexican border.

U.S. District Judge Dana Sabraw said not finding those parents, as many as 400 who may have been deported primarily to Central America, could leave hundreds of children permanently orphaned.

“That is 100% the responsibility of the administration,” Judge Sabraw said during a hearing Friday in San Diego.

Anything I would write about this BS right now is something I should not write about this BS.
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

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Online patentlymn

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Re: Judge rules again for DACA
« Reply #1 on: August 04, 2018, 10:32:03 PM »
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established by a memo former DHS Secretary Janet Napolitano sent out to her field staff directing them to not deport illegal aliens who allege that they were brought to the US as children."

This is critical. Also the statement that there waas no rule per APA.

I would hope that trump ignores this or slow walks this. I hope that Trump ignores this pending SCOTUS rulings.

When the law becomes a ruse, lawlessness becomes legitimate. -unknown

Online ToddF

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Re: Judge rules again for DACA
« Reply #2 on: August 05, 2018, 07:23:41 AM »
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Anything I would write about this BS right now is something I should not write about this BS.

Yes you should.  Because it's the logical response to totalitarianism. 

 ::rockets::

Online Pandora

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Re: Judge rules again for DACA
« Reply #3 on: August 05, 2018, 07:25:59 AM »
Quote
Anything I would write about this BS right now is something I should not write about this BS.

Yes you should.  Because it's the logical response to totalitarianism. 

 ::rockets::

Not so much words as action, Todd, when it appears to be time

Btw, what country are you living in now?
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

"Let us assume for the moment everything you say about me is true. That just makes your problem bigger, doesn't it?"

Online John Florida

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Re: Judge rules again for DACA
« Reply #4 on: August 05, 2018, 11:33:35 AM »
 It never ends!  They find an asshole judge and break his balls.
All men are created equal"
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Online paulh

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Re: Judge rules again for DACA
« Reply #5 on: August 05, 2018, 12:10:58 PM »
A Bushie to boot ::puke::

Online WilliamVA

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Re: Judge rules again for DACA
« Reply #6 on: August 05, 2018, 04:39:07 PM »
It never ends!  They find an asshole judge and break his balls.

The real issue is the failure of Congress to perform one of it's major functions, which is the regulation
of the Courts Jurisdiction.  Beyond the SCOTUS, Congress set up the Federal Judicuary.  Each Federal Judge is
now acting like a member of the Supremes, an assuming de facto executive authority.  We have no checks and balances
against a run away Judicuary. 

Offline Libertas

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Re: Judge rules again for DACA
« Reply #7 on: August 05, 2018, 08:59:25 PM »
Trump should ignore this jackass, go forward, make him stop you...with what I have no idea, would be funny as heck to watch.  Judge shouldn't even have a say in it, he has no jurisdiction.

I swear...all this scat going on...people are going to get fed up and start dragging statist's into the streets for civilian justice.  No check/balances...no clue what is lawful or not...these clowns are so off the reservation the Founders built it's sick.
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