Third judge rules against Trump move to end DACA

[Amica Nostra 4,803]

A third federal judge has rejected the Trump administration’s justification for winding down the program protecting immigrants who came to the U.S. illegally as children.

U.S. District Court Judge John Bates said on Tuesday that the Department of Homeland Security’s legal explanation for the decision to end the Deferred Action for Childhood Arrivals program, or DACA, was too flimsy and, ultimately, unpersuasive.

[Keith & Arileidi 437]

Judge John D. Bates of Federal District Court for the District of Columbia said that the administration’s decision to terminate the program, Deferred Action for Childhood Arrivals, or DACA, was based on the “virtually unexplained” grounds that the program was “unlawful.”- New York times 

 

https://www.nytimes.com/2018/04/24/us/daca-dreamers-trump.html

 

I've heard that "illegal" And "unlawful" argument a millions times on this website.

[Cyberfx1024 7,978]

11 hours ago, Keith & Arileidi said:

Judge John D. Bates of Federal District Court for the District of Columbia said that the administration’s decision to terminate the program, Deferred Action for Childhood Arrivals, or DACA, was based on the “virtually unexplained” grounds that the program was “unlawful.”- New York times 

 

https://www.nytimes.com/2018/04/24/us/daca-dreamers-trump.html

 

I've heard that "illegal" And "unlawful" argument a millions times on this website.

We shall see when it reaches the actual SC if it is unlawful or not.

[Keith & Arileidi 437]

1 hour ago, cyberfx1024 said:

We shall see when it reaches the actual SC if it is unlawful or not.

Yup.. but as of now it's being deemed legal. 

[Dashinka 23,273]

9 minutes ago, Keith & Arileidi said:

Yup.. but as of now it's being deemed legal. 

Actually, didn't this judge give the administration 90 days to respond? 

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25 minutes ago, Bill & Katya said:

Actually, didn't this judge give the administration 90 days to respond? 

Ya I believe the Judge even said the issue is the administration didn't provide the evidence to back up their claim that the original program was illegal. Hence the 90 days to respond with said evidence.

 

"Similar to the other rulings, Judge John Bates concluded that the wind-down of DACA was "arbitrary and capricious" because the Department of Homeland Security failed to "adequately explain its conclusion that the program was unlawful." The judge also accused the government of providing "meager legal reasoning" to support its decision."

https://www.cnn.com/2018/04/24/politics/daca-ruling-new-applications/index.html

 

So if they can come back in 90 days and provide more explanation and more legal reasoning, then he may change his mind.

[Dashinka 23,273]

4 minutes ago, bcking said:

Ya I believe the Judge even said the issue is the administration didn't provide the evidence to back up their claim that the original program was illegal. Hence the 90 days to respond with said evidence.

 

"Similar to the other rulings, Judge John Bates concluded that the wind-down of DACA was "arbitrary and capricious" because the Department of Homeland Security failed to "adequately explain its conclusion that the program was unlawful." The judge also accused the government of providing "meager legal reasoning" to support its decision."

https://www.cnn.com/2018/04/24/politics/daca-ruling-new-applications/index.html

 

So if they can come back in 90 days and provide more explanation and more legal reasoning, then he may change his mind.

That is what I heard.  Interesting how the mainstream media is spinning it though.

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Just now, Bill & Katya said:

That is what I heard.  Interesting how the mainstream media is spinning it though.

Ya the 90 day thing is definitely not featured prominently. When I read the headline this morning my initial impression was that it was "effective immediately". Here are some article titles:

 

Federal judge: Trump administration must accept new DACA applications (WaPo)

Third federal judge issues strongest order yet backing DACA (NBC)

A federal judge orders Donald Trump to reinstate DACA (Economist)

Federal judge orders complete restart of DACA (Washington Times)

Federal judge rules against Trump's decision to end DACA (CBS News)

Federal Judge Rules Trump Administration Must Accept New DACA Applications (Slate)

Bush-appointed federal judge rules Trump's DACA rescission was 'unlawful and must be set aside' (Fox)

Judge orders reopening of DACA, after 90-day delay (CNN)

Judge gives Trump admiministration 90 days to explain move to end DACA (Fox)

 

These were just the top ones that came up when I googled "DACA federal judge" just now. Fox had two articles, one misleading and the other one more clear. CNN was fairly clear in their title.

[Dashinka 23,273]

13 hours ago, bcking said:

Ya the 90 day thing is definitely not featured prominently. When I read the headline this morning my initial impression was that it was "effective immediately". Here are some article titles:

 

Federal judge: Trump administration must accept new DACA applications (WaPo)

Third federal judge issues strongest order yet backing DACA (NBC)

A federal judge orders Donald Trump to reinstate DACA (Economist)

Federal judge orders complete restart of DACA (Washington Times)

Federal judge rules against Trump's decision to end DACA (CBS News)

Federal Judge Rules Trump Administration Must Accept New DACA Applications (Slate)

Bush-appointed federal judge rules Trump's DACA rescission was 'unlawful and must be set aside' (Fox)

Judge orders reopening of DACA, after 90-day delay (CNN)

Judge gives Trump admiministration 90 days to explain move to end DACA (Fox)

 

These were just the top ones that came up when I googled "DACA federal judge" just now. Fox had two articles, one misleading and the other one more clear. CNN was fairly clear in their title.

What seems so interesting is that so many media sources and extremist leftist seem to promote the Trump being a fascist narrative, and yet with his decision to cancel the Obama EO for DACA and let Congress do their constitutional job he is really showing how much he does understand the separation of powers.

[Voice of Reason 10,298]

How can it be legal to allow illegals to remain?  Seems counterintuitive,  especially since Obama did it without congressional approval.

[Keith & Arileidi 437]

1 hour ago, Bill & Katya said:

What seems so interesting is that so many media sources and extremist leftist seem to promote the Trump being a fascist narrative, and yet with his decision to cancel the Obama EO for DACA and let Congress do their constitutional job he is really showing how much he does understand the separation of powers.

I like how you conviently left out the part where congress came up with a bipartisan deal on DACA.

but.. the president threatened to veto it because it did not have his borderwall money. 

 

" Give me my money or I'll ruin a million people's lives" 

Definitely sounds like a facist.

 

 

Edited April 26, 2018 by Keith & Arileidi

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2 hours ago, Bill & Katya said:

What seems so interesting is that so many media sources and extremist leftist seem to promote the Trump being a fascist narrative, and yet with his decision to cancel the Obama EO for DACA and let Congress do their constitutional job he is really showing how much he does understand the separation of powers.

Ah yes because we all know Trump canceled DACA because of his strongly held belief in separation of powers...

 

[Dashinka 23,273]

20 minutes ago, Keith & Arileidi said:

I like how you conviently left out the part where congress came up with a bipartisan deal on DACA.

but.. the president threatened to veto it because it did not have his borderwall money. 

 

" Give me my money or I'll ruin a million people's lives" 

Definitely sounds like a facist.

 

 

Did Congress actually pass a bill?  If it was so bipartisan, why couldn’t they muster a veto proof bill.  Regardless, it is Congresses responsibility to craft immigration law, it should not be left to a president to simply create DACA by signing an EO.

[Dashinka 23,273]

12 minutes ago, bcking said:

 

Ah yes because we all know Trump canceled DACA because of his strongly held belief in separation of powers...

 

Not sure we know exactly why, but it was clear that DACA was created with a finger to the eye of Congress and their Constitutional responsibility.

[bcking 3,157]

Just now, Bill & Katya said:

Not sure we know exactly why, but it was clear that DACA was created with a finger to the eye of Congress and their Constitutional responsibility.

Sure but still you have to admit it is unlikely Trump was thinking about "separate of powers" when he rescinded it. That would require that he has a basic knowledge of the Constitution. He likely pays people for that.

 

He rescinded it as a political tool. He knew certain groups of people would like that he did it, and he knew it could then be used as a negotiating/bargaining chip in Congress. He also calculated (somewhat correctly) that he could spin it to make it seem like it was the Democrats who "let the Dreamers down", ignoring his own role.