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Court orders full restoration of DACA program
The Washington Times ^ | February 13, 2018 | Stephen Dinan

Posted on 02/13/2018 1:32:27 PM PST by jazusamo

A federal judge in New York ruled Tuesday that the government must fully restart the Obama-era DACA deportation amnesty and accept brand new applicants as well as renewals, throwing a potential wrench in the ongoing debate over the fate of “Dreamers” on Capitol Hill.

Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so — and the Homeland Security Department’s September 2017 rationale fell far short of what is required in that regard.

He becomes the second judge to rule President Trump’s aides bungled the phaseout — but his decision is the most wide-ranging, ordering the government to not only allow those already in the program to renew their applications but also ordering the government to accept new applications.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Breaking News; Constitution/Conservatism; Culture/Society; Government; US: New York
KEYWORDS: aliens; daca; dhs; dreamers; federaljudge; federaljudgedaca; garaufis; illegalaliens; immigration; judgegaraufis; newyork; obama; trump
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To: teletech
I understand SCOTUS will hear this on an emergency basis in March. (The overturning of the original illegal EO).

Great. I wonder if CJ Roberts will somehow manage to bungle this one up, too.🤦‍♀️

41 posted on 02/13/2018 1:48:04 PM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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To: morphing libertarian
I’m beginning to think the founders f-—ed up when they established a judiciary.

If you recall the SCOTUS claimed much of this power for the courts in Marbury v. Madison, which was not decided until 1803.


42 posted on 02/13/2018 1:48:17 PM PST by Buckeye McFrog
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To: Buckeye McFrog

We have a ‘Judicial Coup’ in progress.


43 posted on 02/13/2018 1:48:57 PM PST by CMailBag
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To: jazusamo

“Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so —...”

Obama can create it by Presidential decree but it cannot be revoked by a Presidential decree without a “sound reason”. We can quess who decides whether the reason is sound. Unless there is some statute that supports the judges requirement he should be removed from the bench.


44 posted on 02/13/2018 1:49:55 PM PST by Brooklyn Attitude (The first step in ending the war on white people is to recognize it exists.)
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To: jazusamo

Judge Nicholas G. Garaufis! How many divisions has he got?


45 posted on 02/13/2018 1:50:03 PM PST by Hugh the Scot ("The days of being a keyboard commando are over. It's time to get some bloody knuckles." -Drew68)
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To: jazusamo
Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so

1. - Because a president does not have the constitutional power or authority to create such a law!

2. - Because a judge does not have the constitutional power to create such a law or to order a president to perform an unconstitutional act.


46 posted on 02/13/2018 1:50:55 PM PST by Vlad The Inhaler (The only trannie I want to see is a Muncie 4 Speed M-22 Rock Crusher)
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To: jazusamo

SINCE WHEN DOES THE JUDICIARY LEGISLATE OVER A PRESIDENT ?


47 posted on 02/13/2018 1:50:59 PM PST by knarf (I say things that are true, I have no proof, but they're true)
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To: jazusamo

Wait....you mean throngs of NON-paid American citizens, coming from across these fruited plains....on their own dime, aren’t marching in front of these two judged homes demanding that our Constitution and Rule of Law are followed???


48 posted on 02/13/2018 1:51:10 PM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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To: Buckeye McFrog

the intrusion into executive orders and immigration which is related to national security is very disturbing. And as liberals know, there are hundreds of judges who will hear anything they propose.


49 posted on 02/13/2018 1:51:57 PM PST by morphing libertarian (Build Kate's Wall)
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To: Liz; hoosiermama; onyx; Tennessee Nana; TADSLOS

Ping!!


50 posted on 02/13/2018 1:53:07 PM PST by Jane Long (Praise God, from whom ALL blessings flow.)
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To: Brooklyn Attitude

How come the F’n RATS can find judges to block Trump’s actions but the F’n Repubs could never find judges to block OBASTURD’s unconstitutional actions?


51 posted on 02/13/2018 1:55:00 PM PST by Brooklyn Attitude (The first step in ending the war on white people is to recognize it exists.)
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To: teletech

Won’t surprise me if some low-level federal judge decides that he has the authority to overrule SCOTUS . . . yep, that is where I see our country going - it was just curtailed a little under Trump.


52 posted on 02/13/2018 1:55:15 PM PST by Pilgrim's Progress (http://www.baptistbiblebelievers.com/BYTOPICS/tabid/335/Default.aspx D)
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To: jazusamo

Well we have 3 equal branches of Government. Trump needs to tell these judges to go to *ell. President Trump has the actual law on his side. These judges need to be removed for abuse of power.

DACA was Illegal from the get go....

And then we have:

“but it must give a sound reason for doing so”

What law does the judge state to support such a statement.


53 posted on 02/13/2018 1:55:17 PM PST by Revel
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To: jazusamo
This clown is attempting to order DJT to continue an unconstitutional program started by his predecessor. DACA is an EO and as such can be ended by another EO-period.

Trump doesn't even owe this crack-pot judge a courtesy FU.

54 posted on 02/13/2018 1:55:25 PM PST by skimbell
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To: jazusamo
"Judge Nicholas G. Garaufis said the administration does have the power to revoke DACA, but it must give a sound reason for doing so"

Legal rulings have to be grounded in actual law. What law is this ruling grounded in? None, I say.

DACA was an executive order, put in place by the prior president. As such, the current president has full authority to cancel it.

55 posted on 02/13/2018 1:55:41 PM PST by Windflier (Pitchforks and torches ripen on the vine. Left too long, they become black rifles.)
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To: jazusamo
What authority does a judge have to implement an EXECUTIVE order (especially an illegal one)? Answer: NONE.

We need to go back to the days when "judges" like this were run out of town ahead of a bunch of pitchforks and torches ... if they were lucky.

56 posted on 02/13/2018 1:57:13 PM PST by NewJerseyJoe (Rat mantra: "Facts are meaningless! You can use facts to prove anything that's even remotely true!")
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I’m sure it’s been asked before...
But if the democrats are so absolutely sure that their policies are what America wants, why are they so desperate for non Americans to be here to vote for them?


57 posted on 02/13/2018 1:58:39 PM PST by RandallFlagg (Vote for your guns!)
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To: Revel

The president has deferred to the court before on matters of national security (immigration bans) why would he step up now?


58 posted on 02/13/2018 1:59:36 PM PST by morphing libertarian (Build Kate's Wall)
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To: NewJerseyJoe

Would be a shame if patriots started retiring activist judges.


59 posted on 02/13/2018 2:00:52 PM PST by Heavyrunner (Socialize this.)
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To: jazusamo

Why even have elections? Just let the judges run the place.


60 posted on 02/13/2018 2:01:09 PM PST by ealgeone
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