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Texas V. U.s. Daca/dapa Litigation

Discussion in 'DACA' started by Ron Gotcher, Apr 7, 2015.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The Fifth Circuit today upheld the dismissal of Mississippi's challenge to the original DACA program, holding that the state lacked standing to sue. This is one of the defenses the government has raised in the Texas case that will be argued before the Fifth Circuit next week.
     
  2. s_gan

    s_gan Super Moderator

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    It took 3 years to dismiss this petition ....
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The government wasn't in a hurry. In the Texas case, they want to dissolve the injunction. Once that happens, they really don't care how long the litigation takes because there will be nothing from stopping them from implementing DACA/DAPA.
     
  4. Senram

    Senram Member

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    The difference is there was no injunction against the original DACA. Even Texas judge does not touch the original DACA. Though the ruling come any way I still believe that Circuit court will not cancel the injunction that much easily. It may take multiple hearings and WH may have to approach Supreme court and Supreme court may take 6 months to give a final ruling. Courts knew that if there is no injunction they cannot revoke EAD in case Obama action is invalid. If courts almost sure that Obama action is valid then they could remove injuction
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    At issue for next week's hearing is the temporary restraining order issued by the judge in Texas. Among the elements of proof required to sustain a TRO are likelihood of success in the action brought and immediate irreparable harm if the TRO is not granted. The Mississippi case and the Supreme Court case from a few weeks ago put the likelihood of the plaintiffs being successful in very serious doubt. Further, the Mississippi case cuts the legs out from under the irreparable harm argument. I expect the Fifth Circuit to dissolve the TRO very shortly after arguments are heard on the 17th.
     
  6. rsr_am

    rsr_am New Member

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    What's also interesting in the current case at 5th circuit is that following cities/counties within TX have filed amicus brief . State feels there is an irreparable harm and the following say otherwise:

    Austin, TX
    Dallas County, TX
    El Paso County, TX
    Houston, TX
    Travis County, TX

    Looks as though cities/local governments know stuff on ground better than their state!
     
  7. ColumbusDude

    ColumbusDude Active Member

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    Agree. Now the republicans in Texas are trying to pull the rug from under the DACA beneficiaries in a different way - withdrawing the 'Local' Tuition fee facility to illegals in Institutions of Higher learning.
     
  8. Senram

    Senram Member

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    In Mississipi the plaintiffs were not able to prove that they suffered any impact due to DACA. So circuit court dismissed the case without seeing whether the case has any merit or not. But it is the final ruling of the case. But current case is different and will be interesting to see how Fifth circuit court handle this. Also losing party will go Supreme court. I think there is 50% of chance for removal of injunction. Plaintiffs are stronger case for this than DACA. I heard that DACA had comment period(I am not sure)
     
  9. goti001

    goti001 New Member

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    I am pretty sure Ron has spent more time working with the law than Senram.
     
  10. Senram

    Senram Member

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    There is no question about it. Ron should be well versed about immigration law as that is his profession. But there is always ifs and buts and exceptions.
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    To me, the underlying issues in the two cases are similar enough that the Mississippi case decision will have a huge impact on the Texas case. At the heart of each case is a complaint by a state or states that the DAPA/DACA programs will cause them to suffer harm. None of the plaintiffs have standing to challenge the President's authority to make policy, so they have to come at it from the perspective of suffering irreparable harm if the programs are implemented.

    In the Mississippi case, the Fifth Circuit didn't buy that argument. They upheld the lower court ruling that any potential harm was so attenuated as to make it impossible to measure. The reason I believe the Mississippi case portends a favorable ruling for the government is that the same issue forms the core of the Texas case.

    Keep in mind that a preliminary injunction cannot stand unless it appears that the party seeking it is likely to prevail in the underlying case. With this adverse precedent, you can't really say that the Texas plaintiffs are likely to prevail on the merits in the underlying litigation. For that reason, I believe that the Fifth Circuit will dissolve the injunction.
     
  12. Senram

    Senram Member

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    More the delay we can assume that Circuit court will rule against Obama Admin. Based on proceeding it looks like one judge is against stay of injunction and other is for. Third judge seems to be neutral. Of course all based on interpretation of law. If Circuit court decline injunction then the case goes to Supreme court. Though Hillary has double digit lead there is a great chance of GOP president by many aspect. So if Circuit court does not rule favorably to Obama then there is a more delay or even derail of DAPA and DACA extension

    http://www.justicenewsflash.com/201...n-obama-immigration-fight_20150423134616.html
     
  13. cuckoo

    cuckoo Super Moderator

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    Last edited: May 26, 2015
  14. s_gan

    s_gan Super Moderator

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    Bad news for legal reforms.
     
  15. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Next step, Supreme Court
     
  16. mfd1402

    mfd1402 Senior Member

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    Big O should have given something substantial for legals viz recapture or reinterpretation instead of trying to fast forward the illegal part of the reforms which was all politics from my point of view viz set the tage for the next campaign cycle....
     
  17. righttolive

    righttolive Member

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    Did you foresee them rejecting the lift Ron? Or was this a complete shocker for you?
     
  18. Kamakazee

    Kamakazee Super Moderator

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    I am waiting for Senram to show up!
     
  19. s_gan

    s_gan Super Moderator

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    ??
     
  20. Senram

    Senram Member

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    It was expected. I was telling from the beginning that Plaintiffs had good standing and no surprise in the Circuit court verdict. Now you cannot give a political cover and Hanen's ruling is legitimate. Obama may face long delay and even may face same fate in Supreme court. No question hard headed Obama faced a set back. More to come in H4-EAD(Plaintiff missed narrowly the injunction and Judge found some strengths in merits of the case)
     

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