Posted on 09/06/2017 6:03:48 PM PDT by Behind Liberal Lines
Many of President Donald Trump’s policies have met resistance in federal courts, but anyone challenging the decision to end deportation protections for thousands of immigrants Tuesday will face a difficult legal fight....
“The reality is that DACA was announced and signed by the secretary of Homeland Security,” said Shoba Sivaprasad Wadhia, a professor at Penn State Law and director of the school’s Center for Immigrants’ Rights Clinic. “It is a policy document, so it is a tool in administrative law, but it can technically be rescinded, modified, replaced.”
President Barack Obama created the program in 2012. He expanded it via executive action in 2014, creating the Deferred Action for Parents of Americans program to include parents of U.S. citizens, though DAPA was struck down by a federal district court in Texas in 2015.
That decision was subsequently upheld by the Fifth Circuit and by a tied U.S. Supreme Court in 2016. Sessions pointed to that case in his letter to DHS as evidence DACA would not withstand legal threats.
(Excerpt) Read more at newyorklawjournal.com ...
PING
Wait until the people’s republic of kalifornia takes it to the ninth circus.
“it can technically be rescinded, modified, replaced.”
Unless you’re a democrat.
Idiots think everything can go to court.
If DACA is not an actual legislated law, or even a executive order what is there to appeal?
Bookmark for tomorrow
The DACA program was never legal, just like the Kenyanesian Usurpation.
Too bad we didn’t have an opposition party.
>
If DACA is not an actual legislated law, or even a executive order what is there to appeal?
>
You mean aside from violating a plethora of EXISTING Law, under which We are all Equal, abuse of power by the Executive branch, elevating criminals\aliens above Citizens and a host of other points that would cause my fingers to cramp?
Course, my points would necessitate it be struck as null/void immediately vs. the criminal LAWYERS and useful idiots trying to keep it going...
Just let DACA go to the Supreme Court, where it will be declared unconstitutional - then Trump will have no choice but to disband the mess.......
They are not thinking about this in terms of law. They know DACA is illegal. They are going for the politics of a judge who will twist and ignore the law to assist liberalism.
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