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I will leave the graphic "blood" hyperbole to you.
But it is not clear to me that he will rescind this program before the court rules. Obama used political capital to issue his initial unconstitutional DACA executive order, and Trump will have to expend political capital to issue an executive order rescinding or overriding Obama's order. This decision may well give Trump a little indigestion. I will be interested to see what he does here. But Trump has the authority to end all of this literally today, if he decides to do so.
That’s not the point, I don’t think this has anything to do with the Supreme Court and has everything to do with letting someone else take the blame.
Nope. DOJ will not tell DHS to disregard the lower court ruling. If trump/Kelly tell DHS to ignore ruling, DHS will be hauled into court and charged with obstruction of justice.
trump and DOJ told DHS to honor lower court ruling months ago. They have no choice.
That is why it is called an opinion. 9 judges have an opinion. to make a ruling. Trumps opinion can set them right back to making additional opinions to make a ruling. Then it is decided in the public court of appeals and the next time he comes up for a vote, he is held accountable one way or the other.
Isn't a Republic grand? The President cannot be held for obstruction of Justice, or Obama would be in jail.
Since Trump's executive order did not end the renewal process, the renewal process is the current law of the land. Trump wants it (Obama's order) declared unconstitutional. That is what the case is about. The case has not been completed yet and the court is saying the current law will continue to be the law until it is formally determined to no longer be the law.
There are three obvious ways that could happen.
Trump issues an executive order rescinding the renewal program (the program for new people has been ended and is not the current law of the land), which he has not done yet.
Congress passes a law that covers all of this which Trump signs, making any executive by either Obama or Trump on this moot.
The judicial branch declares Obama's DACA order unconstitutional, which ends the renewal program without any executive order or law by Congress being required.
Trump has the authority to end the renewal program today by issuing an executive order that declares it ended. Whether he describes that at as rescinding Obama's order, or just making anything in that order that contradicts his own obsolete, is just semantics for all practical purposes. It does not matter.
It's not a law. The injunction of the court was against the Trump decision in September to rescind/non renew DACA EO. DOJ asked SCOTUS to set aside the injunction and they refused. So Trump is prohibited by the court from rescinding now or at any time until the matter clear the courts.
Location: Just transplanted to FL from the N GA mountains
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Quote:
Originally Posted by Tigerlily87
The trouble is, many of them have parents and siblings who are already citizens. It’s just them that are not.
If their parents have become legal citizens then of course they are legal. I'm glad they went through the process... Welcome. But if mom and dad are not, sorry, bye-bye. These are young adults we are talking about. It's not my fault nor is it my responsibility to take care of mom and dad and their offspring. If the other kids (under 18) are U.S. citizens, while our DACA applicant is waiting perhaps he/she should become the caretaker of that child if mom and dad are so irresponsible. It all starts with mom and dad and it should end with mom and dad. Had I gave birth in Canada, because Canada has birthright citizenship, my son would be Canadian. However, when my visa ran out and it was time to return to the USA (by law!) I had the option...abandon my child in Canada or bring him back here with me. What would any responsible parent do?
It's not a law. The injunction of the court was against the Trump decision in September to rescind/non renew DACA EO. DOJ asked SCOTUS to set aside the injunction and they refused. So Trump is prohibited by the court from rescinding now or at any time until the matter clear the courts.
The court cannot prohibit Trump from issuing a future executive order and that is not what this was about.
The court rejected the reasoning behind Trump's current order, that Obama's order is 'unconstitutional and that it violated the Administrative Procedures and Immigration and Nationality acts', which is the basis for this current lawsuit. The court ruled that the Trump administration may not overturn this program using this legal reasoning, while simultaneously trying to get the courts to rule on the legitimacy of this reasoning.
I believe Obama's order was unconstitutional, but this current ruling by the court, and also the subsequent ruling by the Supreme Court, makes sense to me.
However, if Trump issued a second executive order which rescinded his first one, that would end this court case. The second one could just say that 1) the first order is cancelled and 2) that the DACA renewal program is now overturned, because I the President of the United States wish it to be so - with no future court filing by his administration in an effort to get the court to rule on that. Then the renewal program would be ended and that would be the current law of the land.
If you believe that the court intended to rule on that possible future course of action by President Trump, or that the court has the power to stop him from doing this, you are mistaken.
It's not a law, so why is the Supreme Court involved?
Maybe they won't. All they ruled was it wasn't something they would consider at this point. It is possible that by the time it got far enough it will all be moot.
a President can't make laws.........DACA is unconstitutional and our courts are crap.
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