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Justice Department won’t defend DACA, either

Even less of a surprise.

Agreeing with a lawsuit filed by the state of Texas against the Trump administration to end the Deferred Action for Childhood Arrivals program, the U.S. Justice Department told the courts late Friday the program should be terminated.

Texas Attorney General Ken Paxton sued the administration May 1, alleging the Obama-era program was unconstitutional.

[…]

The Department of Justice said in its filing Friday that DACA is unlawful because it violates the U.S. Constitution in the same way the ill-fated 2014 Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, did. That program that was never implemented after Texas and a coalition of states successfully challenged it in court.

“In sum, as the [U.S.] Attorney General correctly advised DHS, DACA is unlawful because it is an open-ended circumvention of immigration laws that shares the same legal defects that DAPA (and expanded DACA) did,” the filing states.

The DOJ asks that if Texas’ request to halt the program is granted, that the court delay its ruling for two weeks to seek immediate relief from the other court rulings that have mandated the federal government keep the DACA program.

“The DACA litigation brings into sharp focus the problems with nationwide injunctions, and the United States continues to maintain that injunctions that are broader than necessary to redress the plaintiffs’ own injuries are improper,” the DOJ attorneys wrote.

See here for the background. The complaint about nationwide injunctions is kind of precious, since that’s what Paxton is seeking here and has sought in other litigation, which is why he picked this particular court for his filing. This is now the second major Paxton-filed lawsuit that the Justice Department has washed it hands of. MALDEF was allowed to intervene in this lawsuit on behalf of a group of DREAMers in May, so DACA will be defended, no doubt more vigorously than the Justice Department would have done anyway. It’s still a crappy and dangerous thing to do, to pick and choose what laws are worth defending.

On a side note:

In total, the seven states that are part of the lawsuit would lose an estimated $6.9 billion in annual gross domestic product loss by kicking DACA recipients out of the labor force in the respective states. The bulk of these losses would be concentrated in Texas, which stands to lose $6 billion from its annual GDP.

[…]

The seven states suing the Trump administration stand to lose an estimated $369 million annually in state and local tax revenue they currently receive. Texas would lose the most at $313 million in revenue annually.

You know, just in case you needed another reason to think that killing DACA is a really bad idea. Link via Daily Kos.

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20 Comments

  1. Bill Daniels says:

    DACA will lose in court for the exact same reason DAPA fell…..it’s unconstitutional. Good on Texas and other states for getting this to the SCOTUS where the activist lower court ruling keeping it on life support will be reversed.

    This puts the issue back in front of Congress, where it should have been handled all along. Trump now has the upper hand, and he’s already laid out a quite reasonable deal to save the DACA recipients. Congress just needs to take the deal. Write up the law exactly as Trump laid out, get it signed by Trump, and boom, problem solved.

  2. Bill Daniels says:

    “In total, the seven states that are part of the lawsuit would lose an estimated $6.9 billion in annual gross domestic product loss by kicking DACA recipients out of the labor force in the respective states. The bulk of these losses would be concentrated in Texas, which stands to lose $6 billion from its annual GDP.”

    This assumes that there aren’t American citizens available and willing to take those jobs. I’m betting every job currently held by a DACA recipient could be easily filled by an actual American who needs a job. That makes the GDP argument a wash and probably lowers welfare costs, as American citizens go from welfare to work.

  3. Manny Barrera says:

    Some people just keep pushing lies or if they prefer alternative realities. Trump and his supporters are traitors, racists, bigots, plus a whole lot of other nasty things, deplorables is too nice a term.

    https://slate.com/news-and-politics/2018/06/donald-trump-returns-to-race-baiting-as-republicans-stumble-toward-the-midterms.html

    The sense that Republicans are behind in the race for a House majority might explain why President Trump (their words, he is a Russian cheeto traitor never president) has recently turned up the heat on racial resentment. There were his broadsides against MS-13 as “animals,” part of a broader attack on illegal immigration that, taken together, collapsed the distinction between violent criminals and otherwise law-abiding migrants. This week, Trump brought debates over sports, racism, and police violence back to fore when he pointedly disinvited a delegation from the Philadelphia Eagles from a White House gathering, accusing the NFL players of disrespecting the country for kneeling during the national anthem

  4. Bill Daniels says:

    Manny,

    Your political platform, backed by Pelosi, is literally pro-MS-13. Good luck with that.

    Hint: Every day, generally apolitical people who just want to live their lives, AKA swing voters, don’t like violent gangs.

    Advantage: Trump.

  5. Flypusher says:

    Bill, you ought to be ashamed of lying so brazenly like that. But shamelessness is the mother’s milk of the Trump cult. Nobody is pro-MS-13 except for MS-13. If you care to look at actual crime statistics, it’s not as bad as Trump claims. But that requires thinking.

    Even the Cato Institute, which ain’t a bunch of libby-libs, doesn’t agree:

    https://www.cato.org/publications/immigration-reform-bulletin/criminal-immigrants-their-numbers-demographics-countries

    They do their count by who is actually incarcerated, but that’s more solid in terms of proven crimes than who has been arrested or accused.

    Also if you are so worried about crime, why are you ignoring the complaints from numerous large city police chiefs that this approach to immigration is going to make their jobs much more difficult, because there will be witnesses and victims who now won’t talk? Seems that MS-13 would gain a big advantage from that.

  6. Bill Daniels says:

    Fly:

    Here’s Trump correctly labeling gang members as animals:

    https ://www.youtube.com/watch?v=z95Cllmvijc

    https ://www.youtube.com/watch?time_continue=2&v=4BTkMt_RL68

    Here’s Pelosi specifically telling you that MS-13 have a “spark of divinity,” and that they are people, not animals. This is specifically in reference to Trump calling MS-13 and other gangs ‘animals’.

    Watch the videos. You can’t explain that away. Either embrace your support of MS-13 as just some of God’s children, as Pelosi does, or agree with Trump that they are animals. There really is no middle ground here.

    Trump is a master of backing people into corners, and here he got Dems to support MS13 over peaceful American citizens. Brilliant!

    As to the “we need illegal aliens as witnesses to crimes,” argument, there is already a very specific visa available to illegals who testify against criminals. Hell, if I was illegal, I would WANT to come forward as a witness, just to grab my legalizing status visa.

    Other than that, illegals should be hiding in the shadows, living in fear. Better yet, they should be planning their return to their home countries, Mitt’s “self deportation ” dream. Many people have grown weary of seeing parades and demonstrations of insolent people waving foreign flags, making demands on the US, as if they have a right to be here. They don’t.

  7. Flypusher says:

    “Here’s Pelosi specifically telling you that MS-13 have a “spark of divinity,” and that they are people, not animals. This is specifically in reference to Trump calling MS-13 and other gangs ‘animals’.
    Watch the videos. You can’t explain that away. Either embrace your support of MS-13 as just some of God’s children, as Pelosi does, or agree with Trump that they are animals. There really is no middle ground here.”

    False dichotomy there Bill. Logical fallacies play well in Trumplandia, but not in places where people bother to think. If I’m going to play pedantic biologist, we are all animals, technically speaking. Pelosi didn’t say anything that any honest and non-hypocritical religious person wouldn’t say. MS-13 members are people. So are the Dreamers. The first group of people consists of violent criminals who should be dealt with accordingly (arrest time, try them, lock them up or deport them). The people of the second group are innocent victims of our broken, hypocritical, and corrupt immigration system. They don’t deserve the same sort of treatment. Don’t you think for even a nanosecond that I can’t see what’s going on here. I believe it was Mark Twain who said “History does not repeat, but it does rhyme.” I’m seeing a very ugly rhyme forming here. Do you know who else liked to play up in an out of proportion manner the crimes committed by people who were members of a group that he wanted to scapegoat? Do you know who else liked to blur the lines between members of a group that were criminals and innocent members of said group?

    “Trump is a master of backing people into corners, and here he got Dems to support MS13 over peaceful American citizens. Brilliant!”

    Not so brilliant when you take into account that a solid supermajority plus of Americans would like the Dreamers to have a path to citizenship. Saying that the Dems support MS-13 is a LIE. You are lying and you ought to be ashamed of yourself for lying, but there is no shame in Trumpworld.

    “As to the “we need illegal aliens as witnesses to crimes,” argument, there is already a very specific visa available to illegals who testify against criminals. Hell, if I was illegal, I would WANT to come forward as a witness, just to grab my legalizing status visa.”

    But given the total duplicity of the Trump regime, a wise person should have second thoughts about that. After all, he promised that if Congress gave him a bill dealing with DACA, he would sign it. He was even going to get some of what he wanted (border security funding). But he broke his word. I’d advise such people to never forget that at his core, Trump is bigoted and cruel. He might perform the occasional act of mercy for PR (especially if he gets a photo op with a celebrity), but those are the exceptions rather than the rule, and you will be gambling with long odds, especially if you are not White.

    “Other than that, illegals should be hiding in the shadows, living in fear. Better yet, they should be planning their return to their home countries, Mitt’s “self deportation ” dream. Many people have grown weary of seeing parades and demonstrations of insolent people waving foreign flags, making demands on the US, as if they have a right to be here. They don’t.”

    Likewise I am weary of the hypocrites who complain about the laborers, but not all the discounts to the economy from the cheap labor, or the people who get rich from it. They are here because somebody profits quite handsomely. People like you are encouraged to aim your ire in the wrong direction as a safety valve, but the problem persists. Note that I blame both political parties for that.

  8. Ross says:

    @Bill says “This assumes that there aren’t American citizens available and willing to take those jobs. I’m betting every job currently held by a DACA recipient could be easily filled by an actual American who needs a job. That makes the GDP argument a wash and probably lowers welfare costs, as American citizens go from welfare to work.”

    You would lose that bet, Bill. You are full of ignorance on this topic. Americans flat out refuse to take jobs held by DACA recipients, and the later arriving illegal aliens. Ask the farmers in Alabama who had to change crops after a crackdown there. Americans refused to take jobs paying $20+ per hour because they had to work hard. I’ve talked to construction firms here in Houston who hire illegal aliens to supplement citizen hires because the aliens show up for work every day, and don’t argue about how to get things done.

    As for welfare, the statistics I’ve seen show that people on welfare work, but don’t make much money, or are taking care of children. The largest portion of welfare is Medicaid, not the traditional food stamps and direct payments, and even with work, Medicaid is still necessary. Of course, you may think it’s reasonable for the poor to just die without treatment, but most folks don’t.

  9. Manny Barrera says:

    Bill, I don’t really don’t have to state anything, the two people above did a brilliant job of exposing your lies and hate.

    You won’t even post correct links, nor make it so we can click. The second link does not take one anywhere, that is what liars like Trump and the despicable man known as Hitler would do, we can add that Bill does the same.

    Animals are people like Trump and his supporters who are out to destroy this country and hand it over to the Russians. There is no divinity in them they have a black soul.

    Trump is not a master of anything, he gets in the position that Giuliani described so accuratelyas he has seen Trump many times in the position when it comes to Putin, https://www.theguardian.com/us-news/2018/jun/07/rudy-giuliani-kim-jong-un-begged-trump-knees-north-korea-summit-

  10. Manny Barrera says:

    Even Trump’s appointed heads state that Russia is meddling, Trump is president because Putin put him there. https://nypost.com/2018/02/13/spy-chief-warns-russia-intends-to-meddle-in-2018-elections/

    He is not a legitimate president.

  11. Bill Daniels says:

    Ross,

    There you go again, conflating ‘DACA’ recipients, with their American taxpayer funded educations and work documents, with illegals with little to no education from their home countries who actually perform farm labor. Aren’t we told that all DACA recipients are teachers, lawyers and otherwise white collar workers?

    Are you now telling me that these American educated people with quasi legal status and work permits are all working on the farm, picking produce?

  12. Bill Daniels says:

    Manny,

    I can’t post links directly, you have to close the space after the https, and before the semi-colon. Once that was done, both links worked just fine.

    You could also just search Youtube for “pelosi + spark of divinity” and get the same result.

  13. Manny Barrera says:

    When are those animals that have insulted our highest law enforcement agency going to apologize? https://www.cnn.com/2018/05/30/opinions/fbi-is-owed-an-apology-for-false-spy-claim-campbell/

    Ross that is what the Russian traitors do, they wait for one mistake to pounce on it while the lie, lie, and then lie some more, you can’t win except by voting straight Democrat in November, they don’t have principles but they understand the lose of power.

    There are three main groups, the main one being the so called Christians that support the Russian traitor. They have to be demonized the same way they do people that are not crazy like them, and most of them are crazy.

  14. Manny Barrera says:

    Bill if I can copy and paste, so can you. That is not an Einstein type problem.

  15. Bill Daniels says:

    Manny,

    You don’t understand…..if I post a direct link, it doesn’t get published, which is certainly the prerogative of the blog owner. I’m not complaining, just explaining to you. It’s a testament to Kuff that he permits generally dissenting posters to participate at all.

  16. Ross says:

    @Bill, I gave an example, not the entire universe of possibilities. I realize you hate the DACA recipients, and would have them summarily deported to a country where they don’t speak the language, and probably don’t have documents, but that’s because you don’t care whether they live or die. I don’t like the way Obama did DACA, but I am not willing to deport people who have been here their entire lives, simply because their parents brought them along many years ago. I see little benefit in just deporting the DACA folks, especially after they’ve been educated here and have ties here.

  17. Bill Daniels says:

    Ross,

    While I am sympathetic to DACA recipients, in the same way I am sympathetic to people who had to grow up with shitty parents, or the children of criminals, yes, it would be best that they go back with their parents, where they are from and use their American taxpayer funded educations to make their home countries great, like a permanent Peace Corps. Having said that, I like Trump’s compromise. He laid out exactly what he would sign back when this was a hot button issue. Hell, he practically wrote the legislation for them. He told them what they had to give to get amnesty for the DACA folks, which many on the Reddit DACA site also found reasonable, agreeing that their parents who brought or kept them here illegally deserved no benefit for their actions. Dems chose to reject that offer. They chose to go the court system route, which in this case, is merely a delaying tactic, as we all know the outcome will be at the SCOTUS.

    What that tells me is that Dems don’t really care about the DACA folks, they care about perpetual open borders only. Reagan got fooled when he gave the last amnesty, Trump isn’t going to make the same mistake. You want amnesty for DACA, the only way Trump is going to sign it is for it to be a one and done, where we don’t have this problem again in 20 years.

    Trump is a problem solver, and right now he’s solving the problem by ramping up deportations, ending catch and release, and continuing to “separate families.” Trump begged Congress to solve the problem, and they did not. As soon as the SCOTUS shoots down DACA, Trump will do it his way……maximum pressure to force a deal, and your side made the DACA folks attractive pawns.

  18. Manny Barrera says:

    Trump is an illegitimate president that is only there because of Russian interference, he and the people that support him are traitors, racists, and bigots, of course there are exceptions.

    Again Daniels comes out with lies about what the Russian cheeto is doing. Example of one lie, just one among the several above, 20 years, Daniels has no idea when the amnesty occurred.

    Lie two, Trump wrote legislation, everyone knows that Trump doesn’t even like to read, much less write legislation.

    Lie three, Democrats want open borders, while there may be some Democrats that support just like there are Republicans that also support, the statement is a lie.

    Separating families, tearing children from their parents, that is Trump and his hate filled followers. But that is not uncommon here in this county, the same racists and bigots were separating children from their Native American parents up till the 1970s. Some of the racists get it from their parents, who got it from their parents.

    Daniels can prove any of his statements because he knows that they are lies, including the one about being sympathetic.

    What does the top Intel chief have to say about Russian interference

    https://www.huffingtonpost.com/entry/us-intel-director-slams-russian-election-interference_us_5b1c9bc0e4b0bbb7a0ddb83f

  19. Manny Barrera says:

    Bill, as to direct links, that is because you often link to ultra right wing sites that are dangerous. Maybe if you stuck to Fox you would do better. I recall one where my Norton went bananas when it started to open and immediately shut it down.

  20. Manny Barrera says:

    A comment in an article in the New York Times, you get four free articles a month or subscribe like I do. Change a name here and there and it applies

    A wonderful list of conservative values, none of which a colluder with Putin and betrayer of everything from Reagan, to the Constitution, to Jesus Christ has any relation with whatsoever. The only way to justify Trump’s abject immorality is to lie about “what it really means,” as this author does. As Thomas Paine wrote, when a man so “prostitutes the chastity of his mind…he has prepared himself for commission of every other crime.” As has the GOPP (Grand Old Putin Party). To relate Trump, the admitted draft dodging combatant of syphilis during Vietnam, with Ronald Reagan is a disgrace beyond any measure. Reagan was a flawed but moral man. Trump is a flawed immoral beast. Who hits back ten times harder, when Christ urges to turn the other cheek. Who blames all but himself for his failings, while Christ asks to pull the plank from your own eye first. While Trump refines his liar’s addiction, Christ asks we seek the truth to set us free. To Trump wining is all that matters no matter how corrupt the means, while Christ asks, What good is it to win the world and lose your soul? As Voltaire said, “Those who can make you believe absurdities can make you commit atrocities.” As the GOPP will.