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Defunding By Congress

Discussion in 'General discussion about executive action' started by Ron Gotcher, Nov 21, 2014.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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  2. groot

    groot Member

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    Even with this the right wingers are not ready to accept the fact....how are they winning by just castles in air....
     
  3. msr

    msr Member

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    Well, doesn't matter. Facts are hide to digest but they have to live with it. They can't do anything about it :).
     
  4. Senram

    Senram Member

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    Defunding or revoking by congress is impossible. Any defunding language in the spending bill will lead to shut down. Obama may leave shutdown even months but Republicans are not afford to. But anyhow Obamacare and other messups like foreign policy will lead GOP president in 2016. Already Romney being considered as better candidate than Hillary. I am pretty sure media will do additional build up for change to make GOP President. Already Schumer realized Obamacare is big mistake. And also Mitch Mcconnell is the man who lead excellent campaign to capture senate( from 45 to 53).He could still bring GOP president by keeping Senate if GOP can bring a strong candidate. Legal immigrants and illegal immigrants can live in USA forever with EAD
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The new November 26, 2014 special edition of the ImmInfo Newsletter is available for viewing at http://www.imminfo.com/News/2014/20141126/20141126.html Articles include:
    • Executive Action - what we know and what we don't know yet.
    • Relief for employment based immigrants
    • Changes in the works for foreign students
    • What effect will this likely have on the H quota?
    • What is the likely timeline?
    • What is meant by the phrase "by regulation"?
    • Expanded DACA program.
    • New DAP program for certain parents of U.S. citizen and LPR children.
     
  6. s_gan

    s_gan Super Moderator

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    After reading the newsletter I sense a bit of pessimism from your side. It appears that we won't see any proposals to fix legal immigration issues.
     
  7. Senram

    Senram Member

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    That depends on what situation you are. If you are waiting in USA for long time then this EO is big disappointment. But for new comers and recent arrivals it is a jackpot. For students and OPT it is going to be excellent time. And if you file Perm now then you are luckiest person as you will receive EAD within 2 years. Any immigration reforms all of them does not get benefit but always 80% of the group gets benefit.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I am very optimistic that in the medium to long term, things will improve considerably. In the short term, however, there aren't likely to be many changes. A year from now, all preference categories should be current and we should have a streamlined PERM process.
     
  9. s_gan

    s_gan Super Moderator

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    I am okay if long term = 1 year.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I noticed that the Congressional Research Service has opined that Congress has the authority to defund the USCIS. That isn't going to happen. They would have to get past a Presidential veto and they don't have the votes.
     
  11. msr

    msr Member

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    Hi Ron,
    Thank You Very Much for the new special edition of the Newsletter.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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  13. divinewind

    divinewind New Member

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  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It does look as though things are starting to fall apart as far as a continuing resolution is concerned.
     
  15. nohohon

    nohohon Junior Member

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    If the bipartisan funding agreement goes through as per the announcement made yesterday, it looks like DHS will only be funded through Feb 2015. I understand that USCIS is supported by user fees, but does this mean the EOs will be delayed because the DHS cannot actively work on them beyond February? Of course, I am assuming that the Republicans are not going to let DHS be funded after February - at least not without extracting compromises in other areas.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The USCIS will continue to work, including doing work on the new regulations. If anything has to stop, it will be the Border Patrol and ICE.
     
  17. Rick D

    Rick D Active Member

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  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    That case is meaningless. The executive actions were not really an issue. What the court expressed was "dicta" - a nonbinding personal opinion.
     
  19. Rick D

    Rick D Active Member

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    Ron,

    Do you expect this to have any effect whatsoever on the pending and future lawsuits against these exec actions?
     
  20. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No I don't. Dicta has no precedent value - particularly when it is a poorly reasoned as was the case here. I can imagine situations where a principled judge, with a case properly before him, might try to question the legitimacy of the deferred action program. I don't think that it would stand on appeal, but I can see how a reasonable person might make a plausible argument against it. In this case, the judge just let go with a purely political screed that has no legal support and is poorly reasoned.
     

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