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#1398897 - 04/24/13 03:57 PM Obama Deportation Program Likely to Be Blocked
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Obama Deportation Program Likely to Be Blocked, Judge Says
By Andrew Harris
April 23, 2013


A court challenge by federal immigration agents seeking to block President Barack Obama’s deferred-deportation initiative will probably succeed, a judge said.

U.S. District Judge Reed O’Connor in Dallas today put off his own decision on whether to grant the request for a preliminary injunction by 10 U.S. Immigration and Customs agents. He asked both sides to file additional arguments no later than May 6.

Announced by Obama and Homeland Security Secretary Janet Napolitano last year, the directive gives agents the ability to defer action on people unlawfully in the U.S. if they came to the country under the age of 16, are in school or have obtained a high school diploma, haven’t been convicted of a felony, significant misdemeanor or multiple misdemeanors, and aren’t a threat to public safety or national security.

“The court finds that DHS does not have discretion to refuse to initiate removal proceedings” when the requirements for deportation under a federal statute are met, O’Connor said today in a 38-page decision, referring to the Department of Homeland Security.

Still, the judge said he can’t decide the case based on the arguments he’s heard so far.

“Accordingly, the court hereby defers ruling on the plaintiffs’ application for preliminary injunction until the parties have submitted additional briefing,” O’Connor said.
Border Security

The administration’s “Deferred Action” initiative, announced in June, was created with the intent of shifting immigration agency focus toward border security and the removal of dangerous people.

“This is not amnesty, this is not immunity,” Obama said at the time. “This is not a path to citizenship, it’s not a permanent fix.” Deferral, if conferred, is valid for two years, during which the person may obtain authorization for employment, and can be renewed, according to the ICE website.

The case was filed by attorney Kris Kobach, who also serves as Kansas Secretary of State and is a national Republican Party adviser. Lead plaintiff Christopher L. Crane is president of the National Immigration and Customs Enforcement Council, a 7,600- member federal immigration agents’ union.

“Officers are applying the directive to people detained in jails, not kids in school,” Crane testified at the April 8 hearing. “It is now the story in the jails for aliens to use to avoid arrest and deportation.”

Adam Kirschner, a lawyer for the Justice Department, told O’Connor at the hearing the case was, in reality, an employment dispute and that the agents can’t demonstrate they’ve been harmed. “These agents do not like the way the agency has prioritized the use of its resources,” he said.

“The executive cannot remove 11 million people,” Kirchner said of the branch of the U.S. government led by Obama. “The executive has authority to exercise its discretion.”

The case is Crane v. Napolitano, 3:12-cv-03247, U.S. District Court, Northern District of Texas (Dallas).

To contact the reporter on this story: Andrew Harris in the Chicago federal courthouse at

aharris16@bloomberg.net

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#1398901 - 04/24/13 04:34 PM Re: Obama Deportation Program Likely to Be Blocked [Re: ]
Lucinda Knotts Offline
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Registered: 01/11/11
Posts: 1890
Loc: USA
Since CJ posted essentially the same story in the Great Debates forum, I'll add my reponse to that posting here as well:

If a judge is going to decide which cases the Justice Department must prosecute and the priority to be given to each case, is a judge also able to determine what evidence the prosecution must use to present a case? And if the evidence used is insufficient to require a decision to deport someone, is the judge just going to make up the evidence and order deportation anyway?

CJ's response, as usual, was that he just posted it and to ask the judge. I take that to mean that he never gives any thought to anything and just regurgitates whatever swill he's been fed.

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#1398905 - 04/24/13 05:18 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Lucinda Knotts]
Timbo Offline
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Registered: 07/18/12
Posts: 8956
Loc: CNY

I take it to mean that he's a lilly-livered wuss, who's too slow or too cowardly, to stand by his accusations (real or imagined).
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#1398915 - 04/24/13 05:56 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Timbo]
Lucinda Knotts Offline
Senior Member

Registered: 01/11/11
Posts: 1890
Loc: USA
Originally Posted By: Timbo

I take it to mean that he's a lilly-livered wuss, who's too slow or too cowardly, to stand by his accusations (real or imagined).
Your words, not mine.

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#1398921 - 04/24/13 07:54 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Lucinda Knotts]
VM Smith Offline
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Registered: 11/29/05
Posts: 37820
Loc: Ship of Fools
Here's the key phrase:

"directive gives agents the ability to defer action on people unlawfully in the U.S."

They have already been determined to be in the country illegally. What prosecution? All that has to be done it to follow the law, and deport them. The judge merely told the administration that they must follow the law.


Edited by VM Smith (04/24/13 07:58 PM)
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#1398929 - 04/24/13 09:11 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Lucinda Knotts]
kyle585 Offline
Silver Member

Registered: 02/18/09
Posts: 10683
Loc: Somewhere out there
Originally Posted By: Lucinda Knotts
Originally Posted By: Timbo

I take it to mean that he's a lilly-livered wuss, who's too slow or too cowardly, to stand by his accusations (real or imagined).
Your words, not mine.
They can be my words too.
_________________________
DON'T GO NEAR CAYUGA NATION! IT'S TOO DANGEROUS!


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#1398931 - 04/24/13 09:17 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Lucinda Knotts]
Offline

Senior Member

Registered: 01/16/12
Posts: 7644
Originally Posted By: Lucinda Knotts
Since CJ posted essentially the same story in the Great Debates forum, I'll add my reponse to that posting here as well:

If a judge is going to decide which cases the Justice Department must prosecute and the priority to be given to each case, is a judge also able to determine what evidence the prosecution must use to present a case? And if the evidence used is insufficient to require a decision to deport someone, is the judge just going to make up the evidence and order deportation anyway?

CJ's response, as usual, was that he just posted it and to ask the judge. I take that to mean that he never gives any thought to anything and just regurgitates whatever swill he's been fed.


So! If its my usual response why ask? Its not like its going to change...Cindy! Everyone knows this immigration crap is all about building the Democrat Communist parties ranks.

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#1398935 - 04/24/13 09:23 PM Re: Obama Deportation Program Likely to Be Blocked [Re: ]
Lucinda Knotts Offline
Senior Member

Registered: 01/11/11
Posts: 1890
Loc: USA
What's that graphic? Your new shoulder patch, CJ?

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#1398936 - 04/24/13 09:24 PM Re: Obama Deportation Program Likely to Be Blocked [Re: kyle585]
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Senior Member

Registered: 01/16/12
Posts: 7644
Originally Posted By: kyle585
Originally Posted By: Lucinda Knotts
Originally Posted By: Timbo

I take it to mean that he's a lilly-livered wuss, who's too slow or too cowardly, to stand by his accusations (real or imagined).
Your words, not mine.
They can be my words too.


A big HI, going out to my 4-exrta-exrta-exrta Laaaarrrrge friend, kyle!!! HI, kyle!

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#1398938 - 04/24/13 09:25 PM Re: Obama Deportation Program Likely to Be Blocked [Re: Lucinda Knotts]
Offline

Senior Member

Registered: 01/16/12
Posts: 7644
Originally Posted By: Lucinda Knotts
What's that graphic? Your new shoulder patch, CJ?
Hussien O'Bamaer's new seal, sweet-pea.

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#1398947 - 04/24/13 09:47 PM Re: Obama Deportation Program Likely to Be Blocked [Re: ]
secure white guy Offline
Member

Registered: 02/04/13
Posts: 258
Loc: yoga mat
Originally Posted By: Chicago Jesus
Originally Posted By: Lucinda Knotts
What's that graphic? Your new shoulder patch, CJ?
Hussien O'Bamaer's new seal, sweet-pea.



Defenders of CJ's Fatherland. De-liced and ready roll ---


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#1398948 - 04/24/13 09:51 PM Re: Obama Deportation Program Likely to Be Blocked [Re: ]
kyle585 Offline
Silver Member

Registered: 02/18/09
Posts: 10683
Loc: Somewhere out there
http://www.washingtonpost.com/opinions/f...ry.html?hpid=z2

By Fareed Zakaria, Wednesday, April 24, 7:53 PM

As we learn more about the brothers Tsarnaev, we are inclined to ask larger questions about their apparent descent into terror. What does it tell us about radical Islam, Russian immigrants, Muslim communities and the breakdown of assimilation? The most accurate answer might turn out to be: not much. Larger phenomena might be at work — but these two young men might not reflect any rise or intensification of trends. It seems they are just two alienated youths who turned toward hate and then, allegedly, to murder.

That was the point the brothers’ uncle Ruslan Tsarni made when he called his nephews “losers.” He was arguing against the notion that the boys represented a larger community. He and his family, after all, were part of the same Chechen migration to the United States and are well-adjusted, law-abiding and thoroughly American.

Since 9/11, foreign-inspired terrorism has claimed about two dozen lives in the United States. (Meanwhile, more than 100,000 have been killed in gun homicides and more than 400,000 in motor-vehicle accidents.) One crucial reason the number of terrorism deaths is so low is that America does not have large pools of alienated immigrants. Polls repeatedly have shown that Muslim immigrants to the United States embrace core American values. The American assimilation machine continues to function well.
_________________________
DON'T GO NEAR CAYUGA NATION! IT'S TOO DANGEROUS!


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