Administrative Procedures - Southern District Of Texas: Fill & Download for Free

DACA wasn’t nearly as problematic as DAPA in terms of going against the Administrative Procedures Act. DACA was mostly within already legal presidential prerogative. DAPA had actually gone much further, which is why the Southern District of Texas and Fifth Circuit granted and affirmed respectively the nationwide injunctions. If I remember correct, DACA was never challenged in court like DAPA was as well, so no court was given the opportunity to issue that nationwide injunction. It should be interesting to see how all the current nationwide injunctions preserving DACA will be as SCOTUS will be looking at it this upcoming term.

You have to understand that the history of the rulemaking and enforcement in Deferred Action for Childhood Arrivals (DACA) was entirely an executive interpretation of the Immigration and Nationality Act by the Obama Administration, an executive rulemaking and enforcement policy since rescinded and discontinued by the Trump Administration. Legislation can be repealed by Act of Congress, but rules are merely changed, and such change can be effected by Executive Order without Congressional involvement.SCOTUS essentially tolerated Obama’s expansive interpretation of the INA in DACA and particularly in the Obama Administration’s companion interpretation of the INA, Deferred Action for Parents of Americans (DAPA). The Supreme Court of the United States deadlocked 4–4 due to the death of Associate Justice Antonin Scalia and the resulting judgment by the Court in Texas v. United States, 579 U.S. ____ (2016) simply had the effect of leaving in place the upholding of the preliminary injunction against DAPA by the United States Court of Appeals for the Fifth Circuit [stay denied, 787 F.3d 733 (5th Cir. 2015); preliminary injunction affirmed, 809 F.3d 134 (5th Cir. 2015)] on appeal from the United States District Court for the Southern District of Texas, Brownsville Division, in Texas v. United States, which issued a preliminary injunction, 86 F. Supp. 3d 591 (S.D. Texas 2015).Interestingly, two legal theories were advanced in Texas v. United States before the United States District Court for the Southern District of Texas. One pertained to an allegation that the Obama Administration had exceeded the Administrative Procedure Act and the other alleged Obama’s violation of the Take Care Clause of Art. II of the United States Constitution. The United States Court of Appeals for the Fifth Circuit dismissed on the Take Care Clause violation allegation and upheld the court below on the allegation pertaining to the APA. Had the Fifth Circuit upheld the Southern District of Texas on the Take Care Clause, such a ruling could potentially have provided Congress with legal ammunition to commence impeachment proceedings against Obama.

There are going to be a fairly large number of detained illegal immigrant kids who will not be reunited with their parents because the process of doing DNA confirmation is going to take time and it will turn out that thousands of them did not cross illegally with their parents but with coyotes paid to smuggle them across the border.This happened a lot during the Obama administration and it is happening now. But there certainly wasn’t much outrage several years ago. Our progressives and our mainstream media act like Rip Van Winkle and only woke up after sleeping 8 years.During a surge of undocumented immigration from Central America in 2014, a federal judge ruled that families were being held in “deplorable” conditions in Texas detention centers after crossing the border, according to previous Texas Tribune reporting. U.S. District Judge Dolly Gee gave the Obama administration about two months to release women and children in centers in Dilley and Karnes City, Texas.Homeland Security officials initially said they were detaining families to deter immigrants from illegally crossing the border, according to The New York Times. In February 2015, a federal court ruled that the children had to be released. In 2016, a judge ruled that a 20-day detention limit for children applied to families, too. Federal authorities then released many of those families and told them to return for their court dates. What's happening at the border? Here's what we know about immigrant children and family separationsThe detention time limit for kids was ordered by a federal judge when Obama was President.The policies about placing unaccompanied minors with sponsors and separating children from their families were in place during the Obama administration. They go back to the administration of President George W. Bush.In 2014, Obama faced a dramatic influx of immigration from Central America. DHS officials announced at the time that they would deport anyone who entered the U.S. illegally. And they expanded access to immigration detention centers, where families were held with their children while they were awaiting immigration hearings.The key difference: They did not prosecute those migrants criminally. And court rulings eventually required the administration to end some of the extended detentions of parents and children.And in 2016, a Senate Homeland Security subcommittee released a report that said department officials failed to establish procedures that protected unaccompanied minors. Per that report, children were placed with traffickers who forced them to work on egg farms in Marion, Ohio. Immigrant children: Here's what's happening with kids at the border, policywiseBut this kind of stuff happened during the Bush43 administration as well. This is from the Washington Post.The Associated PressSunday, May 7, 2006; 11:06 PMTIJUANA, Mexico -- Alejandro Valenzuela, a loquacious 12-year-old, memorized the details of a borrowed U.S. birth certificate and jumped in the front seat of his smuggler's car.Tired from a two-day bus trip to the border from Mexico's central state of Jalisco, Alejandro soon fell asleep. He was awakened by the flashlight of a U.S. immigration inspector."I told him in English, 'I'm an American citizen,' but he kept asking questions. That's all the English I know," Alejandro said as he rested at a child welfare office back in Tijuana, across the border from San Diego.Alejandro is one of a rising number of children trying to sneak into the United States without their parents. Some hide in cars or try to pass themselves off as U.S. citizens, while others ride inner tubes across the Rio Grande or trek through the harsh Arizona desert.Since October, about 70,000 children have been detained along the Mexican border, a 5 percent increase over the same period a year earlier, the U.S. Border Patrol says.Like Alejandro _ who wants to get to Corona, Calif., to join a father he hasn't seen in nine years _ most children are heading north to reunite with parents living illegally in the United States.The Sept. 11 terror attacks prompted the United States to tighten security along its southern border, making it harder to sneak in. Rather than risking a return to Mexico to get their children, many migrants are paying smugglers to bring them north.Experts say that number will likely increase if the U.S. Congress presses ahead with plans to tighten border security even more.In the traditional method of crossing children, a smuggler drives across the border pretending to be a relative of the child, who is carrying false or "borrowed" documents. But border agents are giving closer scrutiny to documents, and smugglers are tyring other methods."We're seeing a very dangerous trend of stuffing minors in trunks, in hidden compartments, in washing machines, even in gas tanks," said Adele Fasano, director of field operations for the San Diego district of U.S. Customs and Border Protection.Her district includes the San Ysidro Port of Entry, the world's busiest border crossing.Last August, border inspectors found a 10-year-old boy who had been sedated with cough medicine and crammed inside the dashboard of a van. The boy was unconscious and dehydrated, Fasano said.Other children detained on the California border have been found strapped under car seats, rolled into carpets, hidden in compartments welded under pickup trucks and _ in one case _ stuffed inside a pinata.Fasano said many of those children had to be treated for respiratory distress or burns from being near hot engines."These are criminals working with sophisticated smuggling organizations that will go to any length to make money," Fasano said. "That parents would turn their children over to these criminals is very distressing."Migrants pay up to $2,500 to have a child smuggled through an official border crossing into California. The fee is often cut in half for crossings by foot through the hills near Tijuana or Tecate or across the Arizona desert.Mexican authorities say they are seeing more children smuggled through the Arizona desert, where migrants often endure three days of walking in searing heat during the day and freezing cold at night.In the first three months of this year, Mexican officials turned back 3,289 minors at border crossings in the state of Sonora, across from Arizona _ more than double the 1,566 sent back in the same period last year.Juan Enrique Mendez, who oversees the Tijuana child welfare office that receives children turned over by U.S. authorities, said his center has handled more than 1,700 youngsters since January, 200 more than in the same period last year. Illegal Immigrants Have Kids Smuggled InThat there is delay and difficulty reuniting illegal immigrant kids detained during illegal border crossing is not shocking given the thousands who were brought across the border by adult smugglers.What is shocking is that by a 2 to 1 margin Hispanics in America support more enforcement against illegal immigration, not less.For communities of color, the new administration’s focus on immigration enforcement undoubtedly improves the prospects for American working-class citizens who no longer have to constantly compete in the wage markets against an unending flood of illegal workers. Perhaps for this reason, polling done by a liberal survey organization at the University of California shows that nearly 60 percent of respondents in deeply blue California believe that increasing deportations is very or somewhat important. Nationally, Hispanic Americans believe by a 2-to-1 margin that immigration enforcement is too lax as opposed to too strict. Hispanics Score Under Trump | RealClearPolitics