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Litigation To Stop Executive Actions

Discussion in 'General discussion about executive action' started by Ron Gotcher, May 29, 2015.

  1. Kamakazee

    Kamakazee Super Moderator

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    But that was more than a decade ago. I do not think McCain would have won the primaries if he ran now.
     
  2. Senram

    Senram Member

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    In this case you are more optimistic than even Obama. After the last ruling Obama stopped all the activities by the expectation that he is facing long battle and DAPA may not come in his period. But anything can happen in the courts. Some times arguments in court could go wrong and that could give opposite results. My take is 50% law and another 50% Lawyers argument make or break the case
     
  3. s_gan

    s_gan Super Moderator

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    As I said some time back , In the past a candidate was considered conservative if he sent troops abroad but now he/she is considered conservative based on his/her view on immigration.

    Btw. McCain has lot primaries, He lost it to Dub in 2000.
     
  4. justice

    justice Member

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    I have to mention this - i see a lot of intelligent, sensible people here who seem to know or atleast follow US politics and law. I can tell you, some of my counterparts who came to the US around and graduated with me and who were simply fast( following a bunch) to file GC and were luck to get theres. These ppl are least bothered about what happens around them - I could never see them have any intellectual conversation, never.

    THe only bright side i see from lacking a GC and standing in the long queue is that you gain a lot of prespective, you tend to become aware of things which is really nice. I doubt i would even bother to know all these things if I had my GC :). Ofcourse loosing sanity comes as a free package.
     
  5. Kamakazee

    Kamakazee Super Moderator

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    Look at the bright side. Now you know how rulemaking works!
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Don't blame the Republicans for Trump. They have their own clown car full of idiots, but Trump is in a class by himself.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't think that Reagan could win the Republican primaries today.
     
    ProfessorChaos and Kamakazee like this.
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    How? Congress gave the executive the authority to provide work authorization on a discretionary basis.
     
  9. Kamakazee

    Kamakazee Super Moderator

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    The 3 year EADs was part of the expanded DACA program which was supposed to start from March 19th. USCIS already started issuing 3 year EADs when people applied for renewals before that date. The program as per the EO had not started but USCIS already started implementing it.

    Will they give EAD to an H4 person before May 26th? Then why the discretion?
     
    Last edited: Jun 17, 2015
  10. sunyang

    sunyang Well-Known Member

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    if ur working for a third party, they ask for copies of "weekly status reports" to your employer, not the client. how stupid is that? so what are u gona say - ur gona say , hi everything is going good here at the client..... apart from that , what would ur employer know about your project? i dont even think they understand what they are doing. if Ron is reading this post, he must be having a good ole chuckle. he must have seen thousands of these "weekly status reports".

    welcome to a day in the life of a h1 consultant :)
     
  11. Kamakazee

    Kamakazee Super Moderator

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    So you have to go the extra mile to maintain status. Meanwhile if you have no status (DACA/DAPA), then you get unrestricted EAD.

    Its like saying "Ok, you are illiterate, you do not have to give the written test to get DL" and then make you pass a very hard written test to move to the next stage.
     
    Last edited: Jun 17, 2015
  12. cuckoo

    cuckoo Super Moderator

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    True. He was the one who gave amnesty, real honest to god amnesty, to millions of illegals.
     
  13. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Beyond that, his policies were just too far to the left for today's Republican base.
     
  14. s_gan

    s_gan Super Moderator

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    Did the congress provide authorization to issue EADs to people who are illegally present in the country ?
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes. They gave the executive branch the discretionary authority to do so under such regulations as they might develop.
     
  16. s_gan

    s_gan Super Moderator

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    Wow!!!, if that is the case why is the GOP crying opposing and why does Foxnews think BO set it up to fail ?
     
  17. Ron Gotcher

    Ron Gotcher Attorney at Law

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    This is an old joke, but worth repeating. Tired of constant criticism by Fox News, Obama invites a Fox News crew to accompany him down to the banks of the Potomac river. Once there, he calmly walks on the surface of the water out to the middle of the river, turns around and walks back. Lead story on Fox News that night: Obama can't swim!
     
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  18. Kamakazee

    Kamakazee Super Moderator

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    I understand they have authority to provide EADs to anyone but they started implementing the program before its start date as authorized in the EO.

    The 3 year EADs was part of the expanded DACA program which was supposed to start from March 19th. USCIS already started issuing 3 year EADs when people applied for renewals before that date. The program as per the EO had not started but USCIS already started implementing it. Isn't that against the law?

    How is it any different from giving EAD to an H4 who applied before May 26th? Will they do that? Then why the preference of one over the other?
     
  19. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It is within their discretion to issue EAD cards for any interval they deem appropriate. The judge enjoined them from issuing EADs to the expanded class. The judge was utterly without authority to try to dictate what they could or could not do with respect to people not included in the litigation. For example, three year EADs are also issued to certain AOS applicants. Was the USCIS supposed to stop doing this also. It is a measure of the monumental ignorance of Judge Hanan that he made an issue of this.
     
  20. Kamakazee

    Kamakazee Super Moderator

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    But the only reason they were giving EADs to DACA people were through the President's EO. Otherwise these people do not qualify for EADs. If that's the case, why can't USCIS have their agents stand at the border and hand out EADs as people enter? What's stopping them from doing that? They have the authority to give EADs to anyone.

    The EO initially allowed for 2 year EADs and was later extended to issue for 3 years which should start from March 19th. I do not care if USCIS issues DACA people EADs for 50 years, its not like they are going anywhere, unlike us who have to maintain a thick file to be allowed to stay. But they were supposed to issue 3 year EADs based on an EO which had a later implementation date but started early.

    But I get what you are saying. This country has everything backwards related to immigration. And that's why AOS people get 1 year EADs and DACA people get 3 year EADs.
     

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