[RD] California judge bars DACA rollback

[Zkribbler]

A California northern district court judge ruled "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedures Act. Trump had sought to use an executive order to roll back an Obama executive order establishing DACA, the Deferred Action for Childhood Arrivals program.

"Arbitrary and capricious" is a very high standard to meet. I haven't seen the pleadings, but I infer the winning argument claimed that there was no legitimate reason for now deporting those "illegals" who had been brought here as children by their parents, who'd never been in trouble with the law, and who had either completed their education or who are making progress towards completing it.

 

[Berzerker]

so one executive order is okay but not one that rescinds it?

seems a bit strange...

 

[Synobun]

so one executive order is okay but not one that rescinds it?

seems a bit strange...

Surely you are capable of grokking the difference between providing a path for citizenship for those who had no say in where they went as a child versus removing that path and then forcefully deporting them to a land they are entirely unfamiliar with.

 

[Timsup2nothin]

so one executive order is okay but not one that rescinds it?

seems a bit strange...

One being deemed arbitrary and capricious has no real bearing on any other. If I am building a tower with blocks, being very careful and painstaking, and you spitefully knock it over, mom might whoop you for being arbitrary and capricious, but that doesn't mean that building the tower in the first place was and I should be whooped too.

 

[metalhead]

so one executive order is okay but not one that rescinds it?

seems a bit strange...

Due process is a hell of a thing.

 

[Zkribbler]

Surely you are capable of grokking the difference between providing a path for citizenship ...

"Legal residency," only Congress can make rules for citizenship.

As the head of the Executive Branch Obama had the authority to concentrate enforcement on deporting felons, not law-abiding children.

 

[Synobun]

"Legal residency," only Congress can make rues for citizenship.

In practice, you're right. DACA wasn't meant to only exist as a temporary legal residency program. The Republican party did a good job in preventing further expansion.

 

[hobbsyoyo]

It's easier to bury your head in the sand and whine incessantly than solving problems.