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tzor wrote:One of the problems of DACA is the criteria which you summarized as "no criminal record." It is, in fact, "Not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors." Unfortunately, given the state of the court system on both sides of the bench a lot of DACA people being brought to trial on felony charges are plea bargaining (well their lawyers are) the charges down to misdemeanors in order to keep them in the country.
The current law going through congress is even worse in allowing criminals to stay in the country. Crime and immigration: What's in the Dream Act
tzor wrote:One of the problems of DACA is the criteria which you summarized as "no criminal record." It is, in fact, "Not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors." Unfortunately, given the state of the court system on both sides of the bench a lot of DACA people being brought to trial on felony charges are plea bargaining (well their lawyers are) the charges down to misdemeanors in order to keep them in the country.
The current law going through congress is even worse in allowing criminals to stay in the country. Crime and immigration: What's in the Dream Act
Dukasaur wrote:tzor wrote:One of the problems of DACA is the criteria which you summarized as "no criminal record." It is, in fact, "Not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors." Unfortunately, given the state of the court system on both sides of the bench a lot of DACA people being brought to trial on felony charges are plea bargaining (well their lawyers are) the charges down to misdemeanors in order to keep them in the country.
The current law going through congress is even worse in allowing criminals to stay in the country. Crime and immigration: What's in the Dream Act
I don't know anything about this topic other than what I just read in your link, so forgive me if I'm wrong. However, it seems to me they're drawing a line at 90 days incarceration for something to be treated as a serious crime. Given the draconian sentences that are usually handed out in the U.S., I imagine an offense that gets less than 90 days is pretty trivial indeed. Something along the lines of public drunkenness. I'm not a lawyer but I've read a lot of lawyers' memoirs and I watch a lot of true-crime shows, and I constantly see U.S. courts giving out multi-year sentences for really trivial assaults and petty thefts. So, 90 days may actually result in disqualifying anyone who's done something more drastic than pissing in a parking lot.
jusplay4fun wrote:Duk,
Your statement is why I want to encourage dialogue on this matter, especially on being employed, being a student, and criminal record. I too am not a lawyer, but I hopefully offered a "common sense" criteria, that can be further defined by lawyers.
Hey, doesn't Congress have a HUGE group of lawyers who need more WORK? I am not sure I can trust them, but they need to look into this and offer SOME REASONABLE ideas and then craft a REASONABLE plan.
And do their JOB and do this LEGALLY, unlike the former CONSTITUTIONAL Lawyer who did DACA ILLEGALLY. (I will concede he that LIKELY tried to do something since Congress LIKELY blocked his attempts at reforms and a law or legislation. I am not a news junkie that reads ALL about this.)
At least President Trump gave Congress 6 months to come up with SOMETHING, like a law or legislation.
JPDukasaur wrote:tzor wrote:One of the problems of DACA is the criteria which you summarized as "no criminal record." It is, in fact, "Not been convicted of a felony or serious misdemeanors, or three or more other misdemeanors." Unfortunately, given the state of the court system on both sides of the bench a lot of DACA people being brought to trial on felony charges are plea bargaining (well their lawyers are) the charges down to misdemeanors in order to keep them in the country.
The current law going through congress is even worse in allowing criminals to stay in the country. Crime and immigration: What's in the Dream Act
I don't know anything about this topic other than what I just read in your link, so forgive me if I'm wrong. However, it seems to me they're drawing a line at 90 days incarceration for something to be treated as a serious crime. Given the draconian sentences that are usually handed out in the U.S., I imagine an offense that gets less than 90 days is pretty trivial indeed. Something along the lines of public drunkenness. I'm not a lawyer but I've read a lot of lawyers' memoirs and I watch a lot of true-crime shows, and I constantly see U.S. courts giving out multi-year sentences for really trivial assaults and petty thefts. So, 90 days may actually result in disqualifying anyone who's done something more drastic than pissing in a parking lot.
Bernie Sanders wrote:To say DACA was illegal is wrong. Did I miss a Supreme Court decision saying this Executive Order was unconstitutional?
Dukasaur wrote:Bernie Sanders wrote:To say DACA was illegal is wrong. Did I miss a Supreme Court decision saying this Executive Order was unconstitutional?
However, if Obama had brought it in by executive order, Trump wouldn't now be able to whisk it away by executive order.
Once upon a time there was an idea in the U.S. that the Congress should do the legislating. Sadly, this idea has been under attack almost from the beginning, and in the last 50 years has become almost extinct.
jusplay4fun wrote:To help Bernie, I will offer the following, from Wikipedia:
DACA May be unconstitutional
United States v. Texas, 579 U.S. ___ (2016), is a United States Supreme Court case regarding the constitutionality of the Deferred Action for Parents of Americans (DAPA) program.
In a one-line per curiam decision, an equally divided Court affirmed the lower-court injunction blocking the President's program. The case had been decided by an eight-member bench due to the death of Justice Antonin Scalia.
https://en.wikipedia.org/wiki/United_States_v._Texas
Supreme Court of the United States
On November 10, 2015, the Justice Department announced it would ask the Supreme Court to reverse.[29] Texas Attorney General Ken Paxton attempted to prolong consideration of the case until the next October term but the Supreme Court only granted him an eight-day extension to file his opposition brief.[30] The Justice Department further hastened the case by waiving its right to file a reply brief.[31] On January 19, 2016 the Supreme Court agreed to review the case.[32] The Court took the unusual step of asking for briefing on the new constitutional question as to whether or not DAPA violates the Take Care Clause.[33]
Due to the subsequent death of Justice Antonin Scalia, the case was decided by eight justices. On April 18, 2016, the Court heard ninety minutes of oral arguments from Donald B. Verrilli Jr., the Solicitor General of the United States, an attorney for the Mexican American Legal Defense and Educational Fund as an intervenor in support of the Government, Texas Solicitor General Scott Keller for the several states, and a Bancroft PLLC attorney representing the United States House of Representatives as a friend of Texas.[34] Commentators complained that the arguments were "one of the most flagrant examples in recent memory of a naked political dispute masquerading as a legal one."[35]
On June 23, 2016, the Supreme Court announced it had deadlocked 4-4 in a decision that read, in its entirety, “The judgement is affirmed by an equally divided court.”[36] The ruling set no precedent and simply left in place the lower court’s preliminary injunction blocking the program.[36] The case may reach the Supreme Court again after Judge Hanen has held a trial.[36]
President Obama immediately held a press conference criticizing the decision, where he blamed “spasms of politics around immigration and fear-mongering” as well as Senate Republicans for refusing to consider his nominee for the Supreme Court, Merrick Garland.[36][37] Former acting Solicitor General Walter Dellinger observed “seldom have the hopes of so many been crushed by so few words”.[36] Texas Attorney General Paxton praised the result because “This is a major setback to President Obama’s attempts to expand executive power, and a victory for those who believe in the separation of powers and the rule of law.”[36]
Legal challenges
See also: United States v. Texas
The legality of DACA and its proposed expansions were challenged in court. But only the expansions were halted under a preliminary injunction. Legal experts are divided as to the constitutionality of DACA, but no court has yet to rule it unconstitutional.[57].
https://en.wikipedia.org/wiki/Deferred_ ... challenges
The challenge that was granted a preliminary injunction was filed on December 2014 by Texas and 25 other states—all with Republican governors. The group of states sued to enjoin the implementation of the Deferred Action for Parents of Americans (DAPA)—another immigration policy—and the DACA expansions announced by the Obama administration.[62][63][64] In the lawsuit, the states claimed that, by expanding DACA, the president failed to enforce the nation’s immigration laws in contravention to Article Two of the U.S. Constitution.[65][b] Moreover, the states claimed that the president unilaterally rewrote the law through his actions.[66] As part of the judicial process, in February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeded.[30][31] After progressing through the court system, an equally divided (4–4) Supreme Court left the injunction in place, without setting any precedent.[32] The court's temporary injunction did not affect the existing DACA. At the time, individuals were allowed to continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012.[40]
Regardless of the outcome of the preliminary injunction, legal opinions on the lawfulness of DACA are divided. In United States v. Texas, for instance, the Obama administration argued that the policy was a lawful exercise of the enforcement discretion that Congress delegated to the executive branch in the Immigration and Nationality Act, which charges the executive with the administration and enforcement of the country’s immigration laws.[67] Conversely, Jay Sekulow, Chief Counsel of the American Center for Law and Justice, opined that DACA was unlawful by asserting that it unconstitutionally usurped Congress' role over immigration by illegally allowing certain classes of illegal aliens to violate U.S. immigration law with impunity.[68]
JPDukasaur wrote:Bernie Sanders wrote:To say DACA was illegal is wrong. Did I miss a Supreme Court decision saying this Executive Order was unconstitutional?
However, if Obama had brought it in by executive order, Trump wouldn't now be able to whisk it away by executive order.
Once upon a time there was an idea in the U.S. that the Congress should do the legislating. Sadly, this idea has been under attack almost from the beginning, and in the last 50 years has become almost extinct.
mrswdk wrote:Bernie made a great point that Hillary Clinton - a central member of the Obama administration - was a crook who abused and broke the law whenever she saw fit, even in the course of carrying out her official duties.
Her actions throw a shadow over all legislation passed by the Obama administration by association. Every time Trump undoes a law passed by Obama's government he is therefore helping remove the shadow of corruption that hangs over US law-making. Democrats and Republicans alike should be queuing up to shake his hand for repealing DACA.
mrswdk wrote:Whenever I hear about this policy I can't help but think of that old pop song. Not sure what it's called or who sings it but it's really upbeat, goes something along the lines of 'don't you know that I'm a dreamer, a dobi dobi dobi dobi dreamer'. Sung by a fairly high-pitched male. Anyone know it?
Bernie Sanders wrote:jusplay4fun wrote:To help Bernie, I will offer the following, from Wikipedia:
DACA May be unconstitutional
United States v. Texas, 579 U.S. ___ (2016), is a United States Supreme Court case regarding the constitutionality of the Deferred Action for Parents of Americans (DAPA) program.
In a one-line per curiam decision, an equally divided Court affirmed the lower-court injunction blocking the President's program. The case had been decided by an eight-member bench due to the death of Justice Antonin Scalia.
https://en.wikipedia.org/wiki/United_States_v._Texas
Supreme Court of the United States
On November 10, 2015, the Justice Department announced it would ask the Supreme Court to reverse.[29] Texas Attorney General Ken Paxton attempted to prolong consideration of the case until the next October term but the Supreme Court only granted him an eight-day extension to file his opposition brief.[30] The Justice Department further hastened the case by waiving its right to file a reply brief.[31] On January 19, 2016 the Supreme Court agreed to review the case.[32] The Court took the unusual step of asking for briefing on the new constitutional question as to whether or not DAPA violates the Take Care Clause.[33]
Due to the subsequent death of Justice Antonin Scalia, the case was decided by eight justices. On April 18, 2016, the Court heard ninety minutes of oral arguments from Donald B. Verrilli Jr., the Solicitor General of the United States, an attorney for the Mexican American Legal Defense and Educational Fund as an intervenor in support of the Government, Texas Solicitor General Scott Keller for the several states, and a Bancroft PLLC attorney representing the United States House of Representatives as a friend of Texas.[34] Commentators complained that the arguments were "one of the most flagrant examples in recent memory of a naked political dispute masquerading as a legal one."[35]
On June 23, 2016, the Supreme Court announced it had deadlocked 4-4 in a decision that read, in its entirety, “The judgement is affirmed by an equally divided court.”[36] The ruling set no precedent and simply left in place the lower court’s preliminary injunction blocking the program.[36] The case may reach the Supreme Court again after Judge Hanen has held a trial.[36]
President Obama immediately held a press conference criticizing the decision, where he blamed “spasms of politics around immigration and fear-mongering” as well as Senate Republicans for refusing to consider his nominee for the Supreme Court, Merrick Garland.[36][37] Former acting Solicitor General Walter Dellinger observed “seldom have the hopes of so many been crushed by so few words”.[36] Texas Attorney General Paxton praised the result because “This is a major setback to President Obama’s attempts to expand executive power, and a victory for those who believe in the separation of powers and the rule of law.”[36]
Legal challenges
See also: United States v. Texas
The legality of DACA and its proposed expansions were challenged in court. But only the expansions were halted under a preliminary injunction. Legal experts are divided as to the constitutionality of DACA, but no court has yet to rule it unconstitutional.[57].
https://en.wikipedia.org/wiki/Deferred_ ... challenges
The challenge that was granted a preliminary injunction was filed on December 2014 by Texas and 25 other states—all with Republican governors. The group of states sued to enjoin the implementation of the Deferred Action for Parents of Americans (DAPA)—another immigration policy—and the DACA expansions announced by the Obama administration.[62][63][64] In the lawsuit, the states claimed that, by expanding DACA, the president failed to enforce the nation’s immigration laws in contravention to Article Two of the U.S. Constitution.[65][b] Moreover, the states claimed that the president unilaterally rewrote the law through his actions.[66] As part of the judicial process, in February 2015, Judge Andrew S. Hanen issued a preliminary injunction blocking the expansion from going into effect while the case, Texas v. United States, proceeded.[30][31] After progressing through the court system, an equally divided (4–4) Supreme Court left the injunction in place, without setting any precedent.[32] The court's temporary injunction did not affect the existing DACA. At the time, individuals were allowed to continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012.[40]
Regardless of the outcome of the preliminary injunction, legal opinions on the lawfulness of DACA are divided. In United States v. Texas, for instance, the Obama administration argued that the policy was a lawful exercise of the enforcement discretion that Congress delegated to the executive branch in the Immigration and Nationality Act, which charges the executive with the administration and enforcement of the country’s immigration laws.[67] Conversely, Jay Sekulow, Chief Counsel of the American Center for Law and Justice, opined that DACA was unlawful by asserting that it unconstitutionally usurped Congress' role over immigration by illegally allowing certain classes of illegal aliens to violate U.S. immigration law with impunity.[68]
JPDukasaur wrote:Bernie Sanders wrote:To say DACA was illegal is wrong. Did I miss a Supreme Court decision saying this Executive Order was unconstitutional?
However, if Obama had brought it in by executive order, Trump wouldn't now be able to whisk it away by executive order.
Once upon a time there was an idea in the U.S. that the Congress should do the legislating. Sadly, this idea has been under attack almost from the beginning, and in the last 50 years has become almost extinct.
Nice copy\paste job.
mrswdk wrote:jusplay4fun wrote:You're JUS FULL of SHIT, b. grow up, and take a dump. You need to do BOTH. The DUMP is seriously need
jusplay4fun wrote:You're JUS FULL of SHIT, b. grow up, and take a dump. You need to do BOTH. The DUMP is seriously need
jusplay4fun wrote:Great reply. You argue policy so well. Your thought process is so amazing, full of astute observations.
tzor wrote:Bernie Sanders wrote:Clinton going to jail?
She will have to; she has no other choice. I think they are the only ones who are buying her book lately.
Bernie Sanders wrote:Mueller is closing in. Indictment coming soon for Manafort.
Revelations that special counsel Robert Mueller is looking for evidence of possible crimes committed as far back as January 2006 as part of his investigation into former Trump campaign chairman Paul Manafort shed new light on Mueller's objectives.
"The tactic that Mueller is using — telling Manafort that he will be charged — is generally used when prosecutors are trying to get a defendant to 'flip,'" said Mariotti. The best way to do that, he added, is to assemble enough evidence to make it likely that the individual, if charged, would be convicted and sentenced to jail time.
tzor wrote:"The tactic that Mueller is using — telling Manafort that he will be charged — is generally used when prosecutors are trying to get a defendant to 'flip,'" said Mariotti. The best way to do that, he added, is to assemble enough evidence to make it likely that the individual, if charged, would be convicted and sentenced to jail time.
This is why our nation created a constitution with a bill of rights in the first place and if we need another revolution to throw down these tyrants like Mueller then so be it.
Dukasaur wrote:I'm not sure if flipping one co-conspirator against another counts as a form of tyranny.
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