PDF of Court Decision Halting Obama Amnesty

[asisflyer 47]

Temporary Restraining Order against DACA GRANTED. I just read the decision. Quite thick.

http://pdfserver.amlaw.com/nlj/texas_immigration_20150216.pdf

I would encourage people to take the time to read the Original Complaint, the Opposition's Amicus Briefs, and the Final Decision.

It is interesting to see the arguments made by each side.

I think the trap up in the Administrative Procedure Act is an interesting angle. DHS is saying that Adjudicators don't have to follow the APA since reviewers are free to make their own decision (have discretion), but the reviewers words, memos, and the USCIS union chief are saying 'No No NO.. we have to rubber stamp. We have no discretion'

If possible, keep this as a 'legal commentary thread' for a more academic debate of the arguments on both sides from statute and filings.

[asisflyer 47]

OBAMA et al. in amicus brief tells states claiming injury:

JUST DENY BENEFITS. No schools. No drivers licenses. etc. Deny DACA and DAPA.

PRO-IMMIGRATION tells COURT - STATES CAN JUST DENY DACA/DAPA.

Anyone else find this bizarre?

PRO-IMMIGRATION MADE THIS ARGUMENT AS A WAY TO SUPPORT DACA/DAPA.....

Edited February 17, 2015 by asisflyer

[asisflyer 47]

Also read the parens patriae arguments, where specifically the non-statutory notion being debated makes it a far more complicated debate.

I would have presumed that the self-proclaimed "Constitutional Scholar" pushing the executive envelop would have thought through some of these contentions more.