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Young immigrant files lawsuit challenging Trump administration's DACA decision

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posted on Sep, 5 2017 @ 09:01 PM
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Didn't take long did it.

Somebody filed a lawsuit against Trump's "decision" to halt the DACA program in 6 months while Congress ponders the idea of immigration amnesties and reforms.

There's gonna be more too.

But then there's that 10 State lawsuit against the original Obama DACA action to consider.

What if Obama's is declared unConstitutional?

Does that make Trump's policy more "Legal"?

And, the guy (re)filing this lawsuit has been busy before regarding the Obama DAPA.

The Obama DAPA action was apparently shot down in court.

Instead of court filings and protests, they need to press Congress.

Young immigrant files lawsuit challenging Trump administration's DACA decision


Just hours after Attorney General Jeff Sessions announced the White House's move to end the Deferred Action for Childhood Arrivals program, a young New York immigrant has filed a lawsuit arguing that the decision "violate[s] federal law and the equal protection guarantee of the Constitution," according to a press release shared with CNBC via email.

Batalla Vidal, a 26-year-old Mexican immigrant and DACA recipient, in conjunction with nonprofit group Make the Road New York, went to federal court Tuesday to challenge the Trump administration's termination of the Obama-era program that protects an estimated 800,000 people who entered the United States illegally as children.

The case, Batalla Vidal v. Baran, et al, was originally filed in 2016 challenging a court decision that blocked the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of DACA from going into effect.





+21 more 
posted on Sep, 5 2017 @ 09:08 PM
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a reply to: xuenchen

The title is wrong...it should read person in the U.S. illegally tries to sue the country he is in illegally. Let's get it right is all I am saying.



posted on Sep, 5 2017 @ 09:09 PM
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I would think if the original EO was declared unconstitutional via this lawsuit, then all DACA recipients would be without any sort of safety net at all.

No 6 month moratorium to apply for a new 2 year extension.

No chance of even having a 2 year extension.

They would be left with nothing at all protecting them from deportation.

I wonder, how is that better that what president Trump has provided, 6 months for immigration reform and ability to re-apply for an extension?



posted on Sep, 5 2017 @ 09:11 PM
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Do constitutional rights apply to non citizens?
Does the second apply to people say in Britain?
edit on 9 051305 1717 by WUNK22 because: (no reason given)

edit on 9 052005 1717 by WUNK22 because: (no reason given)



posted on Sep, 5 2017 @ 09:12 PM
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So if the absence of DACA violates federal law and the equal protection guarantee of the Constitution.

Does that intrinsicly mean that the equal protection guarantee of the Constitution guarantees defeared action to undocumented immigrants brought to this country as children?

And if so does that make DACA irrelevant; because the essence of DACA already exists in the constitution?

And if so does that make the sunsetting of the irrelevant DACA executive order consetutianly irrelevant?



posted on Sep, 5 2017 @ 09:13 PM
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I fail to see the logic.

How can someone, anyone really, who is not a citizen, who is in the country illegally, get to use the Justice System of the country.

The US Constitution and the Bill of Rights covers citizens ... not wannabe citizens.

It would seem to me to be stupid and a huge waste of resources to allow non-citizens to have any rights.

Now, if you are visiting the country and have the proper visa, then yes, the laws extend to you but then, you are legally visiting the country.

Lawyers be like ... happy ... swimming in money.

P



posted on Sep, 5 2017 @ 09:15 PM
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a reply to: xuenchen

ICE should be able to find this clown pretty fast and give him the boot.



posted on Sep, 5 2017 @ 09:15 PM
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I don't think non Americans can sue the Government, this will definately cause friction between these illegals and the Country they're illegally squatting in.



posted on Sep, 5 2017 @ 09:17 PM
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originally posted by: RazorV66
a reply to: xuenchen

ICE should be able to find this clown pretty fast and give him the boot.


I think he's already on the existing DACA program.

But things can change





posted on Sep, 5 2017 @ 09:18 PM
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originally posted by: PeterSellers
I don't think non Americans can sue the Government, this will definately cause friction between these illegals and the Country they're illegally squatting in.


Anybody or any entity can sue anybody.

It's up to the courts to determine "Merritt".




posted on Sep, 5 2017 @ 09:24 PM
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a reply to: pheonix358
I don't know why they don't take their time and money to becoming a citizen legally, instead of insisting the law does not apply to them.

What other laws do they think don't apply to them? How can they expect to be considered law abiding citizens if they think they can pick and chose what laws to obey?

If they want to stay here, wouldn't the easiest way to do that is legally?



posted on Sep, 5 2017 @ 09:29 PM
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originally posted by: xuenchen

originally posted by: PeterSellers
I don't think non Americans can sue the Government, this will definately cause friction between these illegals and the Country they're illegally squatting in.


Anybody or any entity can sue anybody.

It's up to the courts to determine "Merritt".



And the Merritt in this case would be Illegality, of how the system is run. I am viewing this on a whole rather than individual cases.



posted on Sep, 5 2017 @ 09:32 PM
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a reply to: WUNK22



Do constitutional rights apply to non citizens?


Yes. Most of them. Non citizens can't vote or hold public office, for example.



posted on Sep, 5 2017 @ 09:33 PM
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Can they have a firearm?a reply to: windword



posted on Sep, 5 2017 @ 09:35 PM
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originally posted by: NightSkyeB4Dawn
a reply to: pheonix358
I don't know why they don't take their time and money to becoming a citizen legally, instead of insisting the law does not apply to them.

What other laws do they think don't apply to them? How can they expect to be considered law abiding citizens if they think they can pick and chose what laws to obey?

If they want to stay here, wouldn't the easiest way to do that is legally?




DACA is a parole system that doesn't grant legal status, but allows for work permits and educational permits. In order to get a "Green Card" an immigrant has to have legal status. In order for a immigrant to apply for citizenship, they have to have had a Green Card for at least 5 years.



posted on Sep, 5 2017 @ 09:38 PM
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originally posted by: WUNK22
Can they have a firearm?a reply to: windword



That would depend on the state that they reside in, among other things. But, they certainly have the right to self defense; "The rights to life, liberty and the pursuit of happiness", and equal protection under the law.

These are self evident truths, all (hu)men(s) are created equal.



posted on Sep, 5 2017 @ 09:59 PM
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originally posted by: xuenchen

originally posted by: PeterSellers
I don't think non Americans can sue the Government, this will definately cause friction between these illegals and the Country they're illegally squatting in.


Anybody or any entity can sue anybody.

It's up to the courts to determine "Merritt".



Who is Merritt?



posted on Sep, 5 2017 @ 10:03 PM
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a reply to: WUNK22

Non-citizen's in the United States have the right to keep and bear arms, yes. That comes with limits on those rights though. The SCOTUS has never weighed in on the subject.

Non-Citizens Have a Right to Bear Arms -- With 1 Major Catch


While the right to bear arms extends to unauthorized non-citizens in the U.S., the Second Amendment also allows for limits. That includes a federal law banning unauthorized immigrants and nonimmigrant visa holders from possessing firearms, the court concluded.


So...they have the right but it's illegal for them to exercise that right.



posted on Sep, 5 2017 @ 10:04 PM
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Good let them come out and show themselves. It would be easier to deport them.



posted on Sep, 5 2017 @ 10:04 PM
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originally posted by: Liquesence

originally posted by: xuenchen

originally posted by: PeterSellers
I don't think non Americans can sue the Government, this will definately cause friction between these illegals and the Country they're illegally squatting in.


Anybody or any entity can sue anybody.

It's up to the courts to determine "Merritt".



Who is Merritt?



It's an old joke.

Not easy to uncover.




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