https://thehill.com/latino/444239-appeals-court-rules-trump-end-of-daca-was-unlawful Appeals court rules Trump end of DACA was unlawful A split federal appeals court on Friday ruled that President Trump’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was unlawful because “it was not adequately explained." The 4th Circuit Court of Appeals in Virginia found that the administration's termination of the program was "arbitrary and capricious," in line with a prior ruling from the 9th Circuit Court of Appeals The ruling comes as the legal battle over the termination of DACA continues. The Supreme Court is weighing whether to hear several cases over the end of the program. The appeals court decision stems from a lawsuit arguing that the decision to end DACA needed to undergo public comment and other procedures required under the Administrative Procedure Act (APA). The complaint also alleged that the proposed policy changes on how the personal information of DACA applicants would be shared were similarly lawful, and violated due process protections guaranteed by the Fifth Amendment. Attorneys for the Trump administration argued that the decision to rescind DACA was an agency decision, and therefore did not have to be made available for public comment. But the court disagreed, finding that then-Acting Homeland Security Secretary Elaine Duke “rescinded a general enforcement policy in existence for over five years and affecting hundreds of thousands of enrollees based on the view that the policy was unlawful.” And the court found that while the administration argued that DACA was unlawful in its decision to end the program, the documents used to back up those claims did not “identify any statutory provision with which the DACA policy conflicts.” The judges noted that then-Attorney General Jeff Sessions wrote in a memo that courts had ruled against the Deferred Action for Parents of Americans (DAPA) program, which was similar to DACA and partly expanded the protections for children. But they said that DACA and DAPA are still two separate programs, and the court rulings on one program cannot be used to argue for the elimination of another.
As discussed, the supreme court will eventually affirm the president's power to rescind daca, but that he will have to follow the administrative procedures act to unwind it. Hearings. notification, blah, blah, blah. That's fine. Just keep moving it toward the supreme court along with all the other district and appeals court rulings. As the nineth circuit found out. It is easier to poke the president in the eye at the lower level than at the supreme court these days.
Right. There is no basis for the DACA program in and of itself being illegal, just the way Trump ended it as illegal. As soon as Trump goes through the motions he will be out on his ass facing criminal charges as a private citizen anyway so at this point it’s pretty useless arguing it.
Or to put it correctly, there is no legal basis for the DACA program beyond an executive order but since it is a program that is up and running it is subject to the steps required in the administrative procedures act to unwind it, rather than just pulling the plug. Very do-able though. The virginia court also said that the justice department made a Jeff Sessions-sloppy-arsed legal argument that did not even address certain salient points, which is true. But it is just one of many such cases that will arrive at the court and be consolidated.
This much is true, but this admin is such an incompetent shit show they neglected to follow procedure, something a paralegal could've advised them on.
Did Obama follow the administrative procedures act when he implemented it, as required? You can reflect on that over the weekend.
I am asking whether Obama followed it in IMPLEMENTING DACA and/or DAPA not in cancelling them. I follow that he ran into prodecural problems in cancelling dapa that set precedent for cancelling daca but you said that "this administration is such a shit show" that they did not follow the regulations" so I am asking if Obama followed the administrative procedure requirement to have notice, hearings, and comment before implementing DACA. Or possibly Obama ran a shit show. It is all a bullshit discussion anyway. You are fully aware that Obama stated that it was all unconstitutional even when he implemented it and was attempting to just put a placeholder in until Congress acts. So I dont have a lot of interest in discussing whether the administrative procedures act was followed or not in implementing an unconstitutional program. Let the tards have fun with that. The Supreme Court will have a meatier constitutional issue before it.