DACA must be restored rules federal judge

Cuddles

Cuddles

http://thehill.com/homenews/administration/400332-federal-judge-says-trump-must-fully-restore-daca

I'm so cot damn tired of all this winning

He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.


cliffnotes:
don't be racist
 
Here4money said:
http://thehill.com/homenews/administration/400332-federal-judge-says-trump-must-fully-restore-daca

I'm so cot damn tired of all this winning

He said the government needs to prove that it has considered the benefits to society of having illegal immigrants here and working, versus the government’s interest in enforcing the laws as written. He said Homeland Security failed to do that in its original revocation last September, and even after he gave it a chance to update its reasoning, it still failed to convince him.


cliffnotes:
don't be racist
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Since you are not familiar with the American legal system, I will offer up the reminder that DACA will ultimately be decided by the Supreme Court. All these different district court judges going in different directions can only be settled on appeal. So the DC court and the Nineth Circus etc can have their little fun. Just as they did with the travel ban, until it wasnt fun for them anymore.

Did I mention that Kavanaugh is about to be appointed to the Court too? Dragging these cases out is ultimately hurting the lefty cause because Gorsuch and Kavanaugh will have arrived at the Court during that period. Drag it out some more and we will replace Ruthie too by the time it arrives at the Supreme Court.

Ultimately, DACA is going down. The court will side with the lower court on the rulings that said that Trump still must/had to follow the administrative procedures act and give proper notice, public hearings and all of that crapola. But it is an executive order and ultimately he is completely free to eliminate it.

Have your fun while it lasts. Its going down. Congress, however, is free to enact it through legislation to keep it going. Of course you have to deal with Mr. Trump and his wall on that- unless you want to see it vetoed.

Whatever the dems do, I am sure it will continue to be for the purpose of preserving it as a campaign issue for 2020. The last thing they want is having DACA settled and taking one of their campaign issues away. That works counter to their goal of keeping things as ugly as possible and because haters gotta hate. They are not even remotely concerned about helping hispanics. Hispanics are just cannon fodder and serfs on the Dem Plantation who are taken down off the shelf for their votes and then put back up on the shelf after the election.
 
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Judges like this drive me crazy. They're there to interpret the law, not give their opinion on it. This all comes down to whether or not it's legal for the president to undo the memo that created DACA. The judge's opinion on whether or not it should be undone is meaningless.

This is why it is so important to fill the SC with justices that will actually interpret the law as written. That may end up being the most important aspect of Trump's presidency.

Our immigration system is broken. It can't be fixed by the executive branch. It has to be fixed by congress. Both sides need to work together fix the problem.
 
LS1Z28 said:
Judges like this drive me crazy. They're there to interpret the law, not give their opinion on it. This all comes down to whether or not it's legal for the president to undo the memo that created DACA. The judge's opinion on whether or not it should be undone is meaningless.

This is why it is so important to fill the SC with justices that will actually interpret the law as written. That may end up being the most important aspect of Trump's presidency.

Our immigration system is broken. It can't be fixed by the executive branch. It has to be fixed by congress. Both sides need to work together fix the problem.
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Federal Judges have to interpret the Constitution ... If the reasoning behind Trump's EO was deemed unconstitutional, then they get to strike it down.
 
Here4money said:
Federal Judges have to interpret the Constitution ... If the reasoning behind Trump's EO was deemed unconstitutional, then they get to strike it down.
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I agree with that. That's how it should be. If Trump's EO was unconstitutional they have every right to strike it down. But the article and the quote posted don't address constitutionality in any way. Everything they wrote about was based off of opinion.
 
Here4money said:
Federal Judges have to interpret the Constitution ... If the reasoning behind Trump's EO was deemed unconstitutional, then they get to strike it down.
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Works both ways. If the reasoning behind Obama's executive order is unconstitutional then they get to strike that down- and that is coming.

You stated: "federal judges have to interpret the constitution." Not to get too persnickity but federal judges have to interpret statutes too, not just the constitution.

In this instance the court is required to do both. It must determine whether immigration laws are constitutionally within the jurisdiction of congress or the President- hint, that is a one second exercise. Then, the court must determine whether Congress has in fact already passed legislation governing who is here legally and who is not- another one second exercise. Those laws are already on the books and have been for quite a while.

The Constitution requires the President of the United States to "take care that the laws of the United States be faithfully executed." Lefty clowns and the uninformed (often the same) are using the lefty media to make the case that Trump is attempting to do something unconstitutional. That could not be further from the truth. He is attempting to implement the law of the land as enacted by Congress- as he is required to do by Constitution and is properly subject to impeachment if he does not. Obama had no constitutional authority whatsoever to enact immigration "law" through executive order for the purpose of doing what he could not get Congress to do.

Have y'all not seen the numerous youtube and other compilations that show Obama himself - a former constitutional law instructor/not professor- saying repeatedly that he would like to be able to do what he eventually did but that he was not king or emperor and lacked the constitutional authority to do so?

DACA's going down. These scattered district court opinions only hurt the cause of those who want to put a deal together. The dems should be/should have (probably too late now, as I said long ago, they will fuck it up) been using this timeframe to work a deal with congress.

The dems demanded relief for 800,000 daca recipients. Trump flushed his entire base down the toilet and offered up twice that, plus a path to citizenship. Then, the lefties said "no", you racist, nazi scumbag. Wayyy to go lefties. As I said, I knew you could fuck it up and it was never about helping hispanics anyway. Trump flushed the bullshitters out and exposed them for what they are.

Trump needs to faithfully execute the laws or be impeached. He is required by the the constitution to implement the laws of Congress which is trying to do with immigration. Not some campaign strategy of Obama which he thought Hillary would inherit all while knowing it was unconstitutional.
 
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LS1Z28 said:
I agree with that. That's how it should be. If Trump's EO was unconstitutional they have every right to strike it down. But the article and the quote posted don't address constitutionality in any way. Everything they wrote about was based off of opinion.
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to be fair, the quote came from fake news website washington times....but covered the gist of it. Basically as I understand from this and prior rulings, the Trump admin said that DACA was causing economic harm to other citizens/students but failed to provide any proof of it...and given the rhetoric on twitter and during the campaign, the court found the reasoning to be prejudicial. Given that they failed to provide electronic communication behind the reasoning to counter the judge's arguments, the rescission was struck down.
 
Here4money said:
Basically as I understand from this and prior rulings.
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Let's see now. A DC judge has joined a judge in San Francisco and another judge in Brooklyn to rule against Trump's efforts. Anyone see an underlying pattern there. That's right. Lefty villages. And please, let's not get into who appointed whom. The republican establishment hates trump as much or more than the dems. Especially for beating the living bejesus out of Jeb when most of them owe their appointment to Bush.

On the other hand, we should expect a ruling momentarily or any day now on a similar case challenging DACA that is before a district judge in Texas. Do I need to tell you how that case will go? Trump will not get everything he wants there. I am not saying that either but it opens more and more routes to the Supreme Court. The government may even try to slow some things down a bit to prevent anything reaching the court before Kavanaugh arrives. If he does.....giggle.

As discussed, self-stimulate and have your fun while it lasts. The Supreme Court will settle it. Keep praying that Ruth is taking her Noni Juice and that Kavanaugh will not be confirmed because he is a Nazi who did not return a library book ontime forty years ago or rented a porn film in college.

https://www.nytimes.com/2018/05/01/us/daca-lawsuit-texas.html
 
TreeFrogTrader said:
Drag it out some more and we will replace Ruthie too by the time it arrives at the Supreme Court.
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Ya think? I dunno. Maybe.

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