DACA established a new class of individuals by specific eligibility criteria against whom our immigration laws requiring their removal would not be executed and who are made eligible for work permits.
Sacrificing separation of powers, which is embedded in the DNA of our government structure, cannot be justified no matter how much we may favor a policy.Posted Fri, September 13th, 2019 12:00 pmThe federal government should prevail in the DACA cases for one straightforward reason: DACA is unlawful.
DACA violated the constitutional obligation of the executive to Take Care That The Laws Are Faithfully Executed. The DACA program is clearly illegal, the three judges said: DHS created DACA during the Obama administration without any statutory authorization and without going through the requisite rulemaking process.
The gesture was likely an attempt to satisfy the APA’ publication requirements should they be sued.“Prosecutorial discretion,” insofar as it is permitted by federal immigration law, is by definition the exercise of discretion not to remove; it is not the conferral of a benefit such as work-permit. It contravenes the duly enacted substantive law of the United States. At the time, Obama was urging Congress to adopt an immigration reform law, but those hopes were dashed in 2013 when House Republicans blocked a broad reform measure that passed by a large bipartisan majority in the Senate.In a striking rebuke to President Trump, the Supreme Court Thursday rejected his plan to repeal the popular Obama-era order that protected so-called Dreamers, the nearly 800,000 young immigrants who were brought to this country illegally as children.Days before Mayor London Breed is set to introduce her proposed two-year…Project would bring 1,100 units to 17.6 acre site near City CollegeeThe Obama administration announced the policy in 2012 and said the government had no interest in arresting and deporting young people who were working in this country, contributing to their communities and obeying the laws.
After years of battles, protests and lawsuits, our movement won another victory in the fight to keep DACA. Courts should not — indeed, cannot — stop the executive from rescinding a plainly unlawful edict that the government never had the power to issue in the first place.Yet DACA rewrites that statute, too. DACA does not merely promise someone that they will not be deported. Supreme Court didn't rule on whether DACA was legal or not. DACA was unlawful the day it was promulgated and remains unlawful today. The executive is right to rescind it.Awarded the Peabody Award for excellence in electronic media.Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.DACA’s defenders dress it up as a routine exercise of prosecutorial discretion. So, not only did President Obama decide to bypass the legislative route on DACA, it bypassed the regulatory one as well.To the limited extent that any “prosecutorial discretion” is permitted by federal immigration law, such discretion is closely detailed in the immigration statute and its underlying regulations.
The appropriate recourse is therefore to remand to DHS so that it may consider the problem anew.”The administration appealed, but in November 2018, the U.S. 9th Circuit Court upheld the judge’s order in a 3-0 decision.The policy proved to be popular with Republicans as well as Democrats, and it went largely unchallenged until 2017 when Trump’s Atty. Please try again in an hour.This comment may be a reaction with little substance. The exercise of “prosecutorial discretion” does not permit any DHS employee or officer to grant unlawfully present aliens amnesty and work-permit benefits in the manner attempted by the DACA Directive. Such an exercise of “deferred action” to such a broad group of foreign nationals who chose to unlawfully and irresponsibly violate our sovereign borders is most certainly not consistent with a president’s duty to faithfully enforce the peoples’ democratically-enacted laws.But DACA, like DAPA, most absolutely fulfills the APA’s definition of a substantive rule. But DACA creates a loophole to that rule through what’s known as the “advance parole” process. Immigration. That is nothing like a case-by-case prosecutorial decision not to deport someone.Congress also decided who is not entitled to be in this country: anyone “present in the United States without being admitted or paroled,” and anyone who stays here “after the expiration of the period of stay authorized by the [executive].”Not only does DACA grant lawful presence to people who are here unlawfully, but it also grants work authorization to people whom Congress has declared ineligible for employment. They did so based on an opinion from then-Atty.
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