Well, what’s going to happen to these suits in light of the fact that there is no actual order?
No standing?
One has to be damaged before one can sue, and how can one be damaged by someting that does not actually exist?
Amazing that no one ever seems to have standing to sue on any Obama made-up laws. Quite a loophole.
The standing here is zero has mitigated a new swarm over our TX border, something our ICE budgets cannot address.
zero sent the clarion call to central america last summer and they’re still streaming in. He went on Univision to encourage the new stream.
TX Border Patrol budgets can’t handle it.
While there is no Executive Order, there is still an identifiable policy that has been formally adopted and justified on the basis of "prosecutorial discretion".
The case will hinge on whether "prosecutorial discretion" can be used to justify a broad policy of non-deportation of millions of illegals or whether it's applicability is limited to selected case-by-case decisions.
In other words, is the President violating his oath to "faithfully execute the laws" or is he justified in applying "discretion"?
I don’t think the president was listed as a defendant in the lawsuit. I think it was against the implementing agents and departments that have actually taken action.
True there’s no EO, but there’s memos and hard proof the intent of the EO is being implemented. 1,000 new hires in Virginia by the DHS, etc.. These actions are due to Amnesty being implemented whether there’s an EO or not. A meeting just took place at the WH regarding implementation of Amnesty. Lots of tangible evidence here, and follow the money too.
No, one does not have to be injured/damaged. The real and appreciable risk of threatened harm is enough.
http://www.supremecourt.gov/opinions/13pdf/13-193_omq2.pdf
DHS has operational memos out to make it so despite it not being a "real EO". Effect will be just as bad as if he had signed it. Might complicate who actually needs to be sued though - more layers of the onion to peel away to find the appropriate target.
Texas Governor Elect Abbott - who is leading the suit has stated that when the lawsuit was filed that he and his team were aware that no actual EO was signed and delivered... The suit will focus on actions by the Secretary of DHS proceeding under no basis of law ... not even an EO...
Actually - I believe that since there was no EO the action against the DHS will make it easier. Also the suit has been assigned a Bush appointed Judge who has ruled against the DHS before on lax border enforcement....
I don’t understand what Oklahoma’s hesitancy to join this effort is. We should’ve been on board from the beginning.