What does a BIDEN Presidency look like?

[Admiral Yi]

https://www.youtube.com/watch?v=XcAUWODgzIw

A federal judge has ruled that DACA is illegal.  That's Obama's executive order not to deport illegal aliens that arrived as children.

The news report says for now it just means new applications can no longer be accepted.  Which I find kind of confusing.

[grumbler]

https://www.youtube.com/watch?v=XcAUWODgzIw

A federal judge has ruled that DACA is illegal.  That's Obama's executive order not to deport illegal aliens that arrived as children.

The news report says for now it just means new applications can no longer be accepted.  Which I find kind of confusing.

That was a Federal judge in Texas.  Unsurprisingly, he didn't know what DACA was in his ruling, just that Trumpeters didn't like it and so it must be unconstitutional.

[The Minsky Moment]

Hanen has become rather infamous for declarations exhibiting political bias and animus.  Unfortunately, this decision continues that trend. The state plaintiffs, led by Texas, did not argue that DACA was an arbitrary and capricious exercise of agency power - for the presumably obvious reason that it wasn't a plausible argument.  Hanen's opinion, however, includes an entire section in which he suggests that it was arbitrary and capricious, while acknowledging that no party made the argument.  He does so in an opinion ruling on a summary judgment motion - a motion was is supposed to be determined on a fixed record - based on his own speculation and including citations to two outside studies, neither of which was introduced into evidence of subject to any review or an opportunity to respond by the parties. 

The principal study that Hanen cites is a study from Rice University's Baker Institute for Public Policy that conducts a cost-benefit analysis of undocumented immigrants to the State of Texas.  the study claimed to find that every $1.00 of state spending un undocumented immigrants, corresponds to $1.20 of revenue to the state - i.e. that such immigration is beneficial to the state fisc. It also concludes that mass deportation would cause of $179 billion hit to the state economy. You wouldn't know that from Hanen's citation, however, because he neglects to mention the core findings.  Instead, he cites to all the costs while ignoring all the fiscal gains, given the completely false impression that the study found the such immigrants were a huge fiscal burden.

I haven't reviewed the full legal merits of this decision, but this kind of judicial behavior has the consequence of undermining people's faith in fair and unbiased administration of justice.

[Solmyr]

So what does that ruling mean? Can a federal judge in any state block an executive order from being followed anywhere in the country? If so, how do any executive orders ever have any effect?

[grumbler]

So what does that ruling mean? Can a federal judge in any state block an executive order from being followed anywhere in the country? If so, how do any executive orders ever have any effect?

Someone will get a stay of this ruling, and another set of judges will hear this on appeal.  It's mostly just scorched-earth tactics, delaying an effective implementation of DACA in hopes that more innocent people will be crushed by the weight of the federal bureaucracy.

The funny thing is that both parties in Congress say they want to make DACA law, but they refuse to enact it because the other side wants it, too.

[Solmyr]

Sounds like a lovely system.

[The Minsky Moment]

There was another DACA case filed in the Eastern District of New York (the federal court that covers the physical territory of Long Island).  That court issued an order in December 2020 directing DHS to accept first time DACA requests and and renewal requests. If Judge Hanen ruled otherwise it would create a conflict of two judicial mandates. So what Hanen did was rule:

+ DHS can accept first time requests but cannot act on them
+ DHS can grant renewal of DACA requests, pending a decision from a higher appeals court - Hanen accomplished this by issuing a partial stay of his own order
+ DACA relief still applies to existing recipients, again based on the self-stay.

Side note - Judge Hanen's decision is not text searchable, as usually required under the ECF rules. Annoying.

[jimmy olsen]

+ DHS can accept first time requests but cannot act on them

What does that mean?

[Jacob]

+ DHS can accept first time requests but cannot act on them

What does that mean?

That you can apply, but the application won't result in any action at the time being?

[Tamas]

Sounds like a lovely system.

The whole political mess going on in the US seems very similar to the late Roman Republic.

[The Minsky Moment]

+ DHS can accept first time requests but cannot act on them

What does that mean?

I assume it means what Jacob said above, but the order isn't a model of clarity.

[garbon]

+ DHS can accept first time requests but cannot act on them

What does that mean?

I assume it means what Jacob said above, but the order isn't a model of clarity.

Well it sounds like anyone applying would be adding their name to a list as undocumented without any tangible benefit. Seems like that might have a chilling effect.

[Eddie Teach]

Sounds like a lovely system.

The whole political mess going on in the US seems very similar to the late Roman Republic.

How so?

[Valmy]

Sounds like a lovely system.

The whole political mess going on in the US seems very similar to the late Roman Republic.

How late are we talking about? We haven't even had our Tiberious Gracchus yet.

[Razgovory]

My Latin teacher claimed that our Gracchi were the Kennedys.