Posted on 11/09/2017 9:07:22 AM PST by davikkm
A federal judge in Seattle, Washington, ruled that illegal aliens receiving amnesty under President Obama’s Deferred Action for Childhood Arrivals (DACA) cannot have their status revoked without due process. Judge Ricardo S. Martinez, appointed by President George W. Bush, said illegal aliens have due process rights and that DACA cannot be canceled justification, The Washington Times reported.
“While the Court recognizes and acknowledges that DACA does not confer lawful status upon an individual, the Court also finds that the representations made to applicants for DACA cannot and do not suggest that no process is due to them, particularly in Plaintiff’s case where benefits have already been conferred,” Judge Martinez stated in his ruling.
The judge did not explain what due process procedures might be acceptable.
“What process is due, and whether Plaintiff received such process, are ultimately questions for another day. But at this stage of the proceedings the Court is satisfied that Plaintiff has raised a plausible due process claim that will not be dismissed,” Martinez explained.
Texas and nine other states announced they would sue the Trump Administration if it did not end the DACA program in June, Breitbart Texas reported. The states threatened to add DACA to an existing lawsuit that effectively ended Obama’s other amnesty program, Deferred Action for Parents of Americans (DAPA).
(Excerpt) Read more at breitbart.com ...
So the law works for illegals when it is favorable to them, but you can’t apply the law to illegals when it would not work in their favor.
Got it.
This land ain;t yur land
This land ain;t my land.
This land belongs to
Judges in black robies.
Too late for that!
Everyone has due process rights. As my civ pro professor used to the say, the question is “What process is due?”
Looks like stuttering George got time off from his job at the Royal Saudi Massage Tent.
“So now it will go to the Ninth Circuit that will affirm this decision, then on to the SCOTUS where it will be overturned.”
Scrotus can shoot down or vacate these idiot rulings on the spot. They don’t. The judiciary has been successfully corrupted by the left. No need to change the Constitution through the amendment process anymore, the leftist judges will determine whatever they want it to mean.
Can we just have a war and get this crap over with?
In the meantime, Trump should fast track to the SC for an immediate ruling.
Or maybe the repubturds in congress could deal with these rogue judges. Riiiiight.
Yes! Bundys bad, illegals good. The Clinton/Bush/Obama philosophy
It doesn’t matter WHAT this Judge rules, there is no “due process” for ending an illegal, de facto amnesty program!
President Trump needs to go on the record and make a simple statement, “If the government creates an illegal program, those who took advantage of that program are not eligible for any “due process” to END the program. So whether this Judge likes it or not, the program will end and government will not stop supporting it - unless Congress does something about it - PERIOD!”
As far as “due process”, the DACA recipients will have that when they are processed through the immigration court system.
Why are they not deported so that the nation’s of which they are citizens can evaluate and protect their rights?
This Fing ars judge wouldn't know a crime if it even hit him. Seattle fool.
“particularly in Plaintiff’s case where benefits have already been conferred,” Judge Martinez stated in his ruling.”
Once you give these people anything then you owe them due process according to this judge. Think about that. Can we stop foreign aid then or once given we have to continue?
Bush, Clinton, what is the difference?
Judicial Activism in flagrante delicto.
The judge is wrong. DACA is not a law; it is currently running on Obama’s unconstitutional executive order, not immigration law. Another president does hot have to ask Congress or the courts if he can rescind an earlier executive order.
The only “due process”, even if it must be with a immigration court is adjudication of” “are you here legally”, answer “no”, end of “due process”.
Actually this is a nothing burger. Illegal aliens have always had due process rights.
When a Border Patrol Agent apprehends an illegal alien crossing into the US the alien is given two options. 1) Accept a voluntary return to your country or 2) Be processed for a formal deportation removal hearing.
So the judge is just saying what the law already provides.
If a DACA alien is arrested after his temporary protective status has expired or been revoked and he requests a hearing, he will get one.
And he will loose because there is currently no legislation granting him relief from removal. His lawyer would have to make the case that a cancelled executive order holds sway over existing and long established law.
“Scrotus can shoot down or vacate these idiot rulings on the spot. They don’t.”
ALL the blame goes to Roberts. One of the saddest parts of all of this today, is that unlike Ruth Buzzy, Kennedy, or Breyer, he’s not likely to “pass on to his great reward” any time soon.
Obama did not have any authority whatsoever to grant citizenship.
This needs to be runup to the Supreme Court.
You are correct see post 37
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