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16

[A substantial edit to reflect OP's comments clarifying the question] The OP seems to assume "notice and comment" was a basis for overturning the recission of DACA but not for the creation of DACA. From this assumption, the OP asks if there is a double standard being applied here. To paraphrase, "How could the creation of DACA proceed given ...


12

The Supreme Court stated that ending DACA was, in itself, legal: (page 9) The dispute before the Court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so. What the Supreme Court did rule is that the process for ending DACA, as set out in the ...


10

The United States Court of Appeals for the 9th Circuit ruled unanimously today that President Obama did not exceed his constitutional and statutory authority in issuing the DACA executive order, and recalled precedents of similar actions to protect Hungarians who found themselves in the United States in the 1950s from being deported to that newly ...


9

The thing being blocked is actually a continuing resolution (CR) for appropriations and not a budget. See this answer or this editorial for details. To answer the core of the question, Democrats have said (for several months now) that they will not provide votes for any CR (or other appropriations bill) unless there is a legislative replacement for DACA. As ...


8

The question really isn't a "double standard", per se, but a question of if a successive President can drop something from a prior administration For - It was done improperly without justification The problem SCOTUS had here is that the Trump administration provided no legal reasoning for rescinding the program In the case of DACA, Attorney ...


7

Because politics is about perception. Immigration opponents try to make the face of immigration the killer of Kate Steinle or the Somali refugees who committed terrorist attacks at Ohio State or the Minnesota mall. Immigration proponents try to make the face of immigration widows and orphans or young children. The reason for this is that young ...


6

the U.S. Citizenship and Immigration Services said there were 689,800 active DACA recipients as of Sept. 4, 2017.Factcheck org However, I still don't understand the distinction between the two questions.


6

Because DACA is about people who did nothing wrong. With undocumented immigrants who came to the US as adults, even those on the left are sometimes convinced by the argument that they did something illegal and should face the consequences for that. DACA on the other hand is about those that came here before their 16th birthday. They had no choice, they ...


6

As mentioned in the linked question, DACA was originally issued through a DHS memo. A DHS memo was also used to rescind it. Both were written by the current or acting Department of Homeland Security Secretary, not the president. (The president surely had input, but officially it is the DHS which established the policy.) The text can be found at: https://www....


5

An executive order would not sidestep the need to provide a valid reason. The court found that the memorandum instituting DACA constituted an agency "rule" as defined by the APA, meaning that the rule may only be changed through the agency's APA-compliant rulemaking procedure. An executive order cannot achieve that. Think about it: if it could, ...


5

The judge didn't block the repeal: US district judge William Alsup rules the Daca program must remain in place while litigation over Trump’s decision unfolds. (Emphasis mine.) Further: The Trump administration could appeal the ruling, which could then be appealed to the US supreme court. It makes sense because several states, organisations and ...


3

They're not inherently related, but Democrats are using the government shutdown as leverage to try to get a DACA deal passed. Trump is actually in favor passing a DACA deal, but he's using the ending of DACA as leverage to get funding for his Wall (as well as ending "chain migration" and ending the Diversity Visa Lottery Program). So here's what each side ...


1

In the United States immigration is handled by United States Citizenship and Immigration Services (USCIS) which is a part of the Department of Homeland Security (DHS). DACA is not a law or an executive order, it is a policy of DHS established in this 2012 memorandum from the Secretary of Homeland Security. As such, Trump himself did not rescind DACA but it ...


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