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Sun Mar 15, 2015, 02:02 AM

Legal Scholars Explain Deep Flaws in The Texas Ruling to Block Immigration Action

In a legally sound and blistering statement made public on Friday, 104 legal scholars and instructors of immigration law described Texas Judge Andrew Hanen’s decision to block President Obama’s immigration executive action as “deeply flawed.”

The programs at issue are the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Deferred Action for Child Arrivals (DACA) These programs would have shielded millions of people from deportation and provided them with permission to work.

The statement identifies several problems in Judge Hanen’s decision beginning with his claim about the legal basis for DACA and DAPA. Hanen asserts “there is no specific law or statute to authorize DAPA”. However, the group of lawyers point to the statutory basis for deferred action in general, then address the specifics of Hanen’s claim about DAPA as a form of deferred action.

In the Texas decision, Judge Hanen declares that “The Government must concede that there is no specific law or statute that authorizes DAPA. However, the government need not concede anything here, because there is strong legal authority for deferred action in general, and for DAPA and DACA in particular as forms of deferred action.


More at http://www.politicususa.com/2015/03/14/legal-scholars-explain-deep-flaws-texas-ruling-block-immigration-action.html .

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