Posted on 02/26/2018 6:40:20 AM PST by GIdget2004
The Supreme Court on Monday delivered a blow to the Trump administration by refusing to hear the government's challenge to a lower court ruling that has temporarily blocked the administration from winding down the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
The Department of Justice’s request was rare in that it asked the Supreme Court to jump ahead of the 9th Circuit Court of Appeals in reviewing the case.
The court typically will only bypass an appellate court when there’s an emergency involving foreign affairs, a serious separation of powers concerns or when it has already agreed to hear another case dealing with the same question.
(Excerpt) Read more at thehill.com ...
Congress can over ride the Supreme Court but that won’t happen another reason to NEVER vote democrat get out the vote on the mid term election or more of the same to follow no vote is no right to bitch about what comes down the pike.
REALLY!
It makes a mockery of the rule of law.
Also neutralizes ALL immigration laws permanently.
Do you really want to be the president who ignored and/or tolerated these horrible precedents??
Shall we review the campaign pledges in order of importance?
Succeed or fail, let it be recorded that you went down fighting, Donald. An honorable legacy is better than a Barack-level incompetence recorded history.
“Courts don’t have the authority to nullify the deadline. Their decision can be ignored”
Trump has shown no willingness to do this. When they blocked his EO based on campaign rhetoric he capitulated and appealed. Until he tells a renegade, overreaching Judge to go F themselves he will be shackled at every turn.
I supppose It depends on what’s at stake.
What’s the point of going through the expense and bother of appealing to the 9th Circus. Everyone already knows what they’ll rule. The only question is how whacked out their opinion will be.
Funny how that works. An EO can create but an EO cannot end.
"...that Congress will do it is job..."
Whazzat mean?
You posted:
“What I’d like to see is Trump ordering deportations ANYWAY - then let there be another case...which will take time to be decided, during which time there will be thousands of deportations. What’s the California District Court going to do, send an army to stop Trump?”
Trump’s goal was not to deport those who signed up under DACA. He wants to fix an entire broken, politicized system, he doesn’t ever WANT to deport a bunch of DACA registrants - if they’re compliant with DACA rules.
DOJ priority under Trump is to go after those here illegally who are NOT DACA registrants. Starting with gang members, drug dealers, other types of criminals, etc. Bad hombres. IF they’re DACA registrants and they run afoul of our system, that’s different. They made promises under DACA when they signed.
Matter of fact, deportations are going on even as we speak - in accelerated numbers - and will continue.
Those under DACA who are obviously Americanized and have no country other than this one and came here because of adults, are the last illegal entrants Trump ever WANTS to deport, so he won’t go after them even while these absurd courts drag this out...
Matter of fact, deportations are going on even as we speak - in accelerated numbers - and will continue.
So any one of the 677 federal district court judges can stop the President from doing his Constitutional and Statutory duty, as you say, by fiat.
Congress of course could put a stop to this dangerous usurpation, . . . but won’t.
The law is dying, and with it the remains of our republic.
I have to be a downer, but unless we start the revolution, there’s not much power to have to change things.
I’m in for that ASAP.
Rogue/commiepuke judges are destroying our country.
Yes. Whose army will stop him from stopping it? This tyranny by judges has to freaking stop.
The majority of those eligible to register under DACA never even registered. Trump’s proposal of those who are registered (HONESTLY), employed, educated and of good moral character can stay. His proposal.
That means the huge majority of those theoretically eligible for DACA status need to get the HELL out.
THe problem is the commiepukes bend and break the rules and laws constantly, and of course all the commiepuke judges ruling wrongly and misusing their authority.
But if POTUS DJT bends a rule? Screams if “IMPEACHMENT” will be heard from sea to shining sea.
So he “has to” keep accepting applications. Doesn’t have to approve any!
In this case, the DHS created a system where certain people in the country were allowed to apply for deferred action.
The system established by DHS did not have an expiration date.
The deferred action to each applicant had an expiration date, so accepted applicants were required to renew “deferred action” (a sort of imunity/work permit arrangement) periodically.
The system is now split into two parts. The new applicant part is gone. The renewal part lives on, per court order.
That last part is reassuring. So no new applications will happen, is that what you are saying, just so I am clear? Least I read there were about 670,000 registered DACA-ites sill in the US. So all the non-registered ones cannot register, and are fair game for deportation, then.
That's correct. And also, renewals can continue to be denied for cause.
Judge Alsup Opinion and Order of Jan 9, 2018 said there are 689,900 DACA enrollees.
It is a F’in separation of power issue. More like a real constitutional crisis. Some black robed tyrant has NO say in it.
D. Scope of Provisional Relief.For the foregoing reasons, defendants [Department of Homeland Security] ARE HEREBY ORDERED AND ENJOINED, pending final judgment herein or other order, to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the rescission [by the DHS] on September 5, 2017, including allowing DACA enrollees to renew their enrollments, with the exceptions (1) that new applications from applicants who have never before received deferred action need not be processed; (2) that the advance parole feature need not be continued for the time being for anyone; and (3) that defendants may take administrative steps to make sure fair discretion is exercised on an individualized basis for each renewal application.
Nothing in this order prohibits the agency from proceeding to remove any individual, including any DACA enrollee, who it determines poses a risk to national security or public safety, or otherwise deserves, in its judgment, to be removed. Nor does this order bar the agency from granting advance parole in individual cases it finds deserving, or from granting deferred action to new individuals on an ad hoc basis.
"Advance parlole" is permission to leave and re-enter the country. Without advance parole, a DACA enrollee would lose his DACA protection by leaving the country.
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