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Appeals Court Upholds Delay Of Obama's Executive Action... - 11/11/2015 2:40:49 PM   
lovmuffin


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A federal appeals court on Monday agreed to keep on hold President Barack Obama's executive order on immigration -- nearly a year after he announced it as a backstop measure to Congress' failure to enact comprehensive immigration reform.

The divided, 124-page ruling deals a blow to the administration's Deferred Action for Parental Accountability program, known as DAPA, and there may be just enough time for a formal appeal to the Supreme Court to be resolved ahead of the 2016 election.

In ruling against the government, the U.S. Court of Appeals for the 5th Circuit largely agreed with a lower court judge, who in February issued a “nationwide injunction” that effectively stopped DAPA from taking effect, and concurred that Texas and other states that sued the president over the program had legal “standing” to challenge its constitutionality in federal court.


I'm surprised that no one has started a thread on this yet. The anoited one is going to lose on this unlawful abuse of his executive power.

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"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

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RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/11/2015 10:02:35 PM   
MrRodgers


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Well it will go to the supremes and Obama may lose if only because no dems or those from the left (or right) challenged it and established federal court, legal precedent when Reagan and Bush I did it. (as far as I know)

Assuming the numbers don't make a difference in law, seems it was ok for repub pres to do it and it's now, maybe not ok when a dem pres does just because its made it to federal court.

It is a purely partisan issue in which the repub congress is deliberately dragging their feet on legislation.

"While it will likely ultimately be up to the federal courts to decide, a Congressional Research Service report in December 2013 found that courts have provided “wide latitude” to presidents to use “prosecutorial discretion” when it comes to enforcing immigration laws. Perhaps foreboding what’s to come, however, the report concluded that Congress “may still be able to influence the implementation of … discretion-based policies by the immigration authorities, including by engaging in stringent oversight over the DHS program or by exercising its ‘power of the purse’ to prohibit DHS and its components from implementing particular policies related to the exercise of prosecutorial discretion that Congress does not support.”

On Fox News, Sen. Ted Cruz suggested just such a strategy to block Obama’s plan."

HERE

< Message edited by MrRodgers -- 11/11/2015 10:33:10 PM >


_____________________________

You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great

Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to lovmuffin)
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RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/12/2015 4:43:09 AM   
lovmuffin


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No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

_____________________________

"Give a man a gun and he can rob a bank. Give a man a bank and he can rob the world." Unknown

"Long hair, short hair—what's the difference once the head's blowed off." - Farmer Yassir

(in reply to MrRodgers)
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RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/12/2015 1:57:23 PM   
MrRodgers


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Joined: 7/30/2005
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quote:

ORIGINAL: lovmuffin

No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

But there is an act of congress in effect now while Reagan and Bush issued exec. orders for holes in those bills that didn't cover everybody. And in fact the memo issued prior to Obama's exec, order specifically called it what it was, the exact same thing and what was upheld by prior courts called 'prosecutorial discretion.' The order was not law, it conferred no citizenship and indeed presented several requirements upon plaintiffs to be eligible for a 3 year delay in deportation.

The fifth circuit decisions is full of hypocrisy and a twisted logic of what had been settled law, the first of which was that Texas and the other 25 states, would suffer the good old classic...'irreparable harm.' They know that's bullshit as the Calif. state treasury has actually reaped financial benefits from applicants'requirements seeking to delay deportation.

Hopefully we'll see if Roberts and Scalia are also such hypocrits. HERE

_____________________________

You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great

Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to lovmuffin)
Profile   Post #: 4
RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/12/2015 4:37:47 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
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quote:

ORIGINAL: MrRodgers
quote:

ORIGINAL: lovmuffin
No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

But there is an act of congress in effect now while Reagan and Bush issued exec. orders for holes in those bills that didn't cover everybody. And in fact the memo issued prior to Obama's exec, order specifically called it what it was, the exact same thing and what was upheld by prior courts called 'prosecutorial discretion.' The order was not law, it conferred no citizenship and indeed presented several requirements upon plaintiffs to be eligible for a 3 year delay in deportation.
The fifth circuit decisions is full of hypocrisy and a twisted logic of what had been settled law, the first of which was that Texas and the other 25 states, would suffer the good old classic...'irreparable harm.' They know that's bullshit as the Calif. state treasury has actually reaped financial benefits from applicants'requirements seeking to delay deportation.
Hopefully we'll see if Roberts and Scalia are also such hypocrits. HERE


The Obama EO isn't much like Reagan's or Bush's's (plural possessive of Bush?!?). They were more clarifications of a law that was passed by Congress. Obama's EO is because of Congressional inaction. Reagan's main EO only applied to children of parents who had mixed eligibility (one spouse was eligible while the other was not) under the law, but Congress hadn't spelled out what happened to children in that situation. HW Bush's main EO (which was later made moot by Congress-passed law) extended the deportation protection to spouses and children where the parents had mixed eligibility.

All the other EO's penned by Reagan or either Bush had to do with refugees, political asylum, in response to something completely out of the control of the immigrant (W had an EO protecting college students from deportation who were effected by Hurricane Katrina), or as a reward (rewarding illegals who signed up for military service). Obama's EO isn't anything like any of those.

Mr. Rodgers, you don't usually carry the liberal's water. You've really gone off the deep end on this one.

The Supreme robes may still decide that the EO is within the authorities of the President, but these are nothing like those of Reagan or either Bush.

_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to MrRodgers)
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RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/12/2015 6:46:27 PM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
Status: offline

quote:

ORIGINAL: DesideriScuri

quote:

ORIGINAL: MrRodgers
quote:

ORIGINAL: lovmuffin
No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

But there is an act of congress in effect now while Reagan and Bush issued exec. orders for holes in those bills that didn't cover everybody. And in fact the memo issued prior to Obama's exec, order specifically called it what it was, the exact same thing and what was upheld by prior courts called 'prosecutorial discretion.' The order was not law, it conferred no citizenship and indeed presented several requirements upon plaintiffs to be eligible for a 3 year delay in deportation.
The fifth circuit decisions is full of hypocrisy and a twisted logic of what had been settled law, the first of which was that Texas and the other 25 states, would suffer the good old classic...'irreparable harm.' They know that's bullshit as the Calif. state treasury has actually reaped financial benefits from applicants'requirements seeking to delay deportation.
Hopefully we'll see if Roberts and Scalia are also such hypocrits. HERE


The Obama EO isn't much like Reagan's or Bush's's (plural possessive of Bush?!?). They were more clarifications of a law that was passed by Congress. Obama's EO is because of Congressional inaction. Reagan's main EO only applied to children of parents who had mixed eligibility (one spouse was eligible while the other was not) under the law, but Congress hadn't spelled out what happened to children in that situation. HW Bush's main EO (which was later made moot by Congress-passed law) extended the deportation protection to spouses and children where the parents had mixed eligibility.

All the other EO's penned by Reagan or either Bush had to do with refugees, political asylum, in response to something completely out of the control of the immigrant (W had an EO protecting college students from deportation who were effected by Hurricane Katrina), or as a reward (rewarding illegals who signed up for military service). Obama's EO isn't anything like any of those.

Mr. Rodgers, you don't usually carry the liberal's water. You've really gone off the deep end on this one.

The Supreme robes may still decide that the EO is within the authorities of the President, but these are nothing like those of Reagan or either Bush.

I disagree. It all comes down to prosecutorial discretion. In all cases prior with the exception of political asylum cases, it applies to those whose family has some covered by law and some that are citizens. Read the Times article and it explains the difference in prior rulings by the same judges.

_____________________________

You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great

Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to DesideriScuri)
Profile   Post #: 6
RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/13/2015 12:54:59 PM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
]ORIGINAL: MrRodgers
quote:

ORIGINAL: DesideriScuri
quote:

ORIGINAL: MrRodgers
quote:

ORIGINAL: lovmuffin
No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

But there is an act of congress in effect now while Reagan and Bush issued exec. orders for holes in those bills that didn't cover everybody. And in fact the memo issued prior to Obama's exec, order specifically called it what it was, the exact same thing and what was upheld by prior courts called 'prosecutorial discretion.' The order was not law, it conferred no citizenship and indeed presented several requirements upon plaintiffs to be eligible for a 3 year delay in deportation.
The fifth circuit decisions is full of hypocrisy and a twisted logic of what had been settled law, the first of which was that Texas and the other 25 states, would suffer the good old classic...'irreparable harm.' They know that's bullshit as the Calif. state treasury has actually reaped financial benefits from applicants'requirements seeking to delay deportation.
Hopefully we'll see if Roberts and Scalia are also such hypocrits. HERE

The Obama EO isn't much like Reagan's or Bush's's (plural possessive of Bush?!?). They were more clarifications of a law that was passed by Congress. Obama's EO is because of Congressional inaction. Reagan's main EO only applied to children of parents who had mixed eligibility (one spouse was eligible while the other was not) under the law, but Congress hadn't spelled out what happened to children in that situation. HW Bush's main EO (which was later made moot by Congress-passed law) extended the deportation protection to spouses and children where the parents had mixed eligibility.
All the other EO's penned by Reagan or either Bush had to do with refugees, political asylum, in response to something completely out of the control of the immigrant (W had an EO protecting college students from deportation who were effected by Hurricane Katrina), or as a reward (rewarding illegals who signed up for military service). Obama's EO isn't anything like any of those.
Mr. Rodgers, you don't usually carry the liberal's water. You've really gone off the deep end on this one.
The Supreme robes may still decide that the EO is within the authorities of the President, but these are nothing like those of Reagan or either Bush.

I disagree. It all comes down to prosecutorial discretion. In all cases prior with the exception of political asylum cases, it applies to those whose family has some covered by law and some that are citizens. Read the Times article and it explains the difference in prior rulings by the same judges.

They are not the same, though. While they all may have something to do with "prosecutorial discretion," the reasons behind the discretion are completely different. The reasons matter. Why was invading Afghanistan more popular than invading Iraq? Is President Obama's decision to use military assets in setting up a No-Fly Zone over Libya the same as President Bush's decision to use military assets to depose Saddam Hussein? Of course they are, under your rationalization. They were both Presidential decisions to use military assets without a Congressional Declaration of War.

Obama's EO's on immigration are not the same as Reagan's, Bush 41's, Clinton's, or Bush 43's.


_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to MrRodgers)
Profile   Post #: 7
RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/13/2015 9:03:55 PM   
MrRodgers


Posts: 10542
Joined: 7/30/2005
Status: offline
quote:

ORIGINAL: DesideriScuri

]ORIGINAL: MrRodgers
quote:

ORIGINAL: DesideriScuri
quote:

ORIGINAL: MrRodgers
quote:

ORIGINAL: lovmuffin
No one challenged it because it was an act of congress, the Immigration Reform and Control Act of 1986 (IRCA). It provided amnesty for 3 million illegal immigrants, in return for increased border security and penalties for companies "knowingly" hiring illegal immigrants. The illegals got their amnesty but the rest of it has never been enforced.

But there is an act of congress in effect now while Reagan and Bush issued exec. orders for holes in those bills that didn't cover everybody. And in fact the memo issued prior to Obama's exec, order specifically called it what it was, the exact same thing and what was upheld by prior courts called 'prosecutorial discretion.' The order was not law, it conferred no citizenship and indeed presented several requirements upon plaintiffs to be eligible for a 3 year delay in deportation.
The fifth circuit decisions is full of hypocrisy and a twisted logic of what had been settled law, the first of which was that Texas and the other 25 states, would suffer the good old classic...'irreparable harm.' They know that's bullshit as the Calif. state treasury has actually reaped financial benefits from applicants'requirements seeking to delay deportation.
Hopefully we'll see if Roberts and Scalia are also such hypocrits. HERE

The Obama EO isn't much like Reagan's or Bush's's (plural possessive of Bush?!?). They were more clarifications of a law that was passed by Congress. Obama's EO is because of Congressional inaction. Reagan's main EO only applied to children of parents who had mixed eligibility (one spouse was eligible while the other was not) under the law, but Congress hadn't spelled out what happened to children in that situation. HW Bush's main EO (which was later made moot by Congress-passed law) extended the deportation protection to spouses and children where the parents had mixed eligibility.
All the other EO's penned by Reagan or either Bush had to do with refugees, political asylum, in response to something completely out of the control of the immigrant (W had an EO protecting college students from deportation who were effected by Hurricane Katrina), or as a reward (rewarding illegals who signed up for military service). Obama's EO isn't anything like any of those.
Mr. Rodgers, you don't usually carry the liberal's water. You've really gone off the deep end on this one.
The Supreme robes may still decide that the EO is within the authorities of the President, but these are nothing like those of Reagan or either Bush.

quote:


I disagree. It all comes down to prosecutorial discretion. In all cases prior with the exception of political asylum cases, it applies to those whose family has some covered by law and some that are citizens. Read the Times article and it explains the difference in prior rulings by the same judges.


They are not the same, though. While they all may have something to do with "prosecutorial discretion," the reasons behind the discretion are completely different. The reasons matter. Why was invading Afghanistan more popular than invading Iraq? Is President Obama's decision to use military assets in setting up a No-Fly Zone over Libya the same as President Bush's decision to use military assets to depose Saddam Hussein? Of course they are, under your rationalization. They were both Presidential decisions to use military assets without a Congressional Declaration of War.

Obama's EO's on immigration are not the same as Reagan's, Bush 41's, Clinton's, or Bush 43's.


As a matter of law, they are the same. Otherwise, it is political issue (the reasons) and specifically because if that, one the courts have historically stayed out of...until now that is. Why now ?

As for your comparison of the use of the military...they are also a political issue and as a matter of law and have not yet gone before the courts.

< Message edited by MrRodgers -- 11/13/2015 9:04:29 PM >


_____________________________

You can be a murderous tyrant and the world will remember you fondly but fuck one horse and you will be a horse fucker for all eternity. Catherine the Great

Under capitalism, man exploits man. Under communism, it's just the opposite.
J K Galbraith

(in reply to DesideriScuri)
Profile   Post #: 8
RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/16/2015 12:40:54 AM   
DesideriScuri


Posts: 12225
Joined: 1/18/2012
Status: offline
quote:

ORIGINAL: MrRodgers
As a matter of law, they are the same. Otherwise, it is political issue (the reasons) and specifically because if that, one the courts have historically stayed out of...until now that is. Why now ?
As for your comparison of the use of the military...they are also a political issue and as a matter of law and have not yet gone before the courts.


So, because they are all EO's, they are all the same.



_____________________________

What I support:

  • A Conservative interpretation of the US Constitution
  • Personal Responsibility
  • Help for the truly needy
  • Limited Government
  • Consumption Tax (non-profit charities and food exempt)

(in reply to MrRodgers)
Profile   Post #: 9
RE: Appeals Court Upholds Delay Of Obama's Executive Ac... - 11/16/2015 7:02:25 AM   
mnottertail


Posts: 60698
Joined: 11/3/2004
Status: offline
well, how do they differ from the emancipation proclamation, also an eo?

_____________________________

Have they not divided the prey; to every man a damsel or two? Judges 5:30


(in reply to DesideriScuri)
Profile   Post #: 10
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