Trump's second order doesn't discriminate; he could put in the handful of exclusion for worker VISAs and permanent residents. If he retracts the order entirely, and does not indicate a relationship to a second order, the District court is powerless to act and would have to dismiss.
BINGO: Trump ordering a complete halt to ALL immigration is an entirely different measure; it would not be subject to a judicial attack of discrimination.
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Trump also needs to employ the "delegation" strategy.
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Obama used every available in-place presidential prerogative to force his E/O on us.
Obama signing immigration orders on AF One. Both orders are on the WH web site.
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<><> The first of Obama's presidential action memos is entitled: “Creating Welcoming Communities Fully Integrating Immigrants and Refugees,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).
In the category “Presidential Documents” at page 70769, Obama ordered a White House Task Force on New Americans to “engage with community, business, and faith leaders, as well as State and local elected officials.” The task force is designed to “help determine additional steps the Federal Government can take to ensure its programs and policies are serving diverse communities that include new Americans.”
<><> The second of the presidential actions entitled, “Modernizing and Streamlining the U.S. Immigration Visa System for the 21st Century,” filed Nov. 26 in the Federal Register at Vol. 79, No. 228, in the category “Presidential Documents” at page 70765 (http://www.gpo.gov/fdsys/pkg/FR-2014-11-26/html/2014-28191.htm).
This empowered the secretaries of State and Homeland Security in consultation with the director of the Office of Management and Budget, the director of the National Economic Council, the assistant to the president for homeland security and counterterrorism, the director of the Domestic Policy Council, the director of the Office of Science and Technology Policy, the attorney general, and the secretaries of Agriculture, Commerce, Labor and Education.
The order was to make a series of recommendations “to reduce government costs, improve services for applicants, reduce burdens on employers, and combat waste, fraud, and abuse in the system” of issuing immigrant and non-immigrant visas.
Read more at http://www.wnd.com/2014/12/amnesty-shocker-the-secret-behind-obamas-order/#4OPdzIoJFRwXopUU.99
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The delegation strategy: signed Boobamba memos "delegate" to federal agencies orders to come up with plans (that must advance Boobamba's global conspiracy to overthrow the US govt w/ Third World federales and their cadres jumping the US border).
The federal agencies then "invent" Committees to do this (the better to overthrow the US govt). Then "Administrative Rules," after a comment period, will be published in the "Code of Federal Regulations," which magically turns them into law........ using federal fairy dust.
So Boobamba is shielded from responsibility---he doesn't have to take the hit. Behind closed doors, he tells federal factotums what he wants.....and faster than you can say "the combo plate w/ extra hot sauce".....the overthrow of the US govt commences.
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"DELEGATION"--A Federal agency MO since 1946. It's down to a science: (1) publish a Notice of Proposed Rulemaking (NPRM), (2) make the comment period really short, (3) stonewall any negative comments, and, (4) publish the rule, which (5) NOW has the force of US law. No Congressman was ever involved, and Boobamba doesn't leave his DNA on it. Yet again, why "Delegation" is ominous for liberty---why the writing of administrative law by federal agencies - is un-Constitutional (hat tip to FReeper Regulator.)