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Nativist Lawsuit on the Texas Border
NY Times ^ | JAN. 20, 2015 | NY Times Editorial Board

Posted on 01/21/2015 8:39:44 AM PST by Hostage

The first thing to know about the lawsuit brought by two dozen states to block President Obama’s executive actions on immigration is that it is a meritless screed wrapped in flimsy legal cloth and deposited on the doorstep of a federal district judge in Brownsville, Tex.

The second thing to know is that the judge, Andrew Hanen, may well look kindly on the suit. He made news in 2013 with a politically charged ruling accusing the Obama administration of criminally conspiring with Mexican drug cartels to smuggle children over the border (he really said that), which is surely why the plaintiffs like their chances.

The judge held the first hearing in the case on Thursday and could rule as early as next month. If he blocks Mr. Obama’s actions — which seek to protect millions of immigrants from deportation and to grant them permission to work — this would complicate things for the administration, which is planning to start signing people up for the programs in February.

But there is a third thing to know: Sound legal scholars are not too worried that Judge Hanen alone will be able to kill the administration’s programs and force the White House to abandon other reforms of enforcement policies. Even if the judge buys the plaintiffs’ bogus line, the government still seems likely to win on appeal to the United States Court of Appeals for the Fifth Circuit or the Supreme Court. The states’ standing to sue is dubious; their claims of damage are speculative at best. There is no evidence that executive action will do anything to increase illegal immigration, and there is clear data showing that giving work permits to immigrants who are already here helps, not hurts, state economies.

(Excerpt) Read more at nytimes.com ...


TOPICS: Extended News; Government; News/Current Events
KEYWORDS: aliens; amnesty; immigration
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Above all, the programs rest on a rock-solid legal footing: the principle of prosecutorial discretion, under which Mr. Obama’s Homeland Security Department intends to use its limited resources to go after dangerous, high-priority immigration violators instead of low-priority ones. Upending that principle — and the Supreme Court said as recently as 2012 that “a principal feature of the removal system is the broad discretion exercised by immigration officials” — could sow broad confusion over all the executive branch’s enforcement decisions, creating what one immigration-law expert concisely called “a royal mess.” So things will likely be O.K., but they may get bumpy in the meantime.

Potential applicants for deportation relief and their families need to hold firm and not let themselves be confused or bullied into not coming forward. The success of the Obama programs, one of the most positive developments on immigration reform in years, will depend on wide participation.

The Obama administration has an urgent job this year: setting up an ambitious, smoothly functioning effort that could grant relief to more than four million people. All the anti-immigrant side has to do is keep trying to block reform, and, failing that, to spread chaos, confusion and anxiety.

The country is not going to deport everybody — even many Republicans admit that, but they continue to refuse to do anything to fix the system. After Mitt Romney’s disastrous presidential pose on “self-deportation,” the party went through a stretch of sobriety and sought to enhance its damaged brand by getting in line with the public, which rejects mass deportation in favor of having immigrants come forward, pay taxes and get right with the law. But now we have Republican governors and attorneys general pressing a 25-state lawsuit, joining their counterparts in Congress who are waging a legislative assault on Mr. Obama’s executive actions. The party has reverted back to its original strategy: intimidation, exclusion and fear.

1 posted on 01/21/2015 8:39:44 AM PST by Hostage
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To: Hostage

If he blocks Mr. Obama’s actions — which seek to protect millions of ILLEGAL ALIENS from deportation and to grant them AMNESTY -


2 posted on 01/21/2015 8:42:53 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: Hostage

The NYT is dreaming. You don’t have 24 state governors and attorney generals sign onto a frivolous lawsuit.

1. They will be able to demonstrate injury.

2. They will be able to reference current law that says presidential changes in these cannot be made without congressional review and acceptance.


3 posted on 01/21/2015 8:45:17 AM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Hostage
The Slimes doesn't even pretend to do objective journalism anymore, do they?

The entire rag is the "opinion" section.

4 posted on 01/21/2015 8:47:13 AM PST by E. Pluribus Unum (Offend a Christian and he is obliged to pray for you. Offend a Muslim and he is obliged to kill you.)
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To: Hostage; 1_Inch_Group; 2sheep; 2Trievers; 3AngelaD; 3pools; 3rdcanyon; 4Freedom; 4ourprogeny; ...
Ping!

Click the keyword Aliens to see more illegal alien, border security, and other related threads.

5 posted on 01/21/2015 9:08:18 AM PST by HiJinx (I can see Mexico from my back porch...soon, so will you!)
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To: Hostage

It’s way past time for the Unites STATES of America to take our nation back from Obama and Fedzilla.


6 posted on 01/21/2015 9:10:30 AM PST by TADSLOS (The Event Horizon has come and gone. Buckle up and hang on.)
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To: Hostage

I say let all the illegals in and move them to Westchester County NY, Greenwich CT, Darien CT and New Canaan CT. Put up a tent city on Ron Howard’s huge gated estate in Greenwich.


7 posted on 01/21/2015 9:10:57 AM PST by Dr. Thorne ("Don't be afraid. Just believe." - Mark 5:36)
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To: Hostage

The Richest Man on Earth - A Mexican (!)- by the name of Carlos Slim Helu is the majority owner of the New York Times.

He wants to extend the Empire through colonization, and resents any possible obstacles to that. Judge Hanen appears to be one such obstacle.

Slim Helu should be arrested and stripped of all assets when he shows up in the U.S. as he is an ordinary criminal who bribed his way to monopoly and wealth in Mexico.


8 posted on 01/21/2015 9:14:55 AM PST by Regulator
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To: Hostage
The states’ standing to sue is dubious; their claims of damage are speculative at best.

OK "NY Times Editorial Board," come on down, lets show you around.

We have neighborhoods right here in Dallas y'all just gotta see.

Then we can party on over to Parkland-o Hospital and you can check out the "anchor baby building," paid for with Dallas citizens sky high property taxes. They crank out about eleven THOUSAND a year, all on the taxpayers dime. Been going on for GENERATIONS.

Then it's off to a few Dallas public schools. That is a real eye opener. How's your Spanish? Cause they don't speak English, at least not in front of you paleface.

Again, on the taxpayers, every dime.

On the way back we can motor by the TWO new ten story jail buildings full to the top floor with guess what!

But nooooooo oh enlightened "NY Times Editorial Board," there is no standing there right?

How about we send the bills to you geniuses?

With all that savvy you can figure out how to pay for your illegal alien invasion.

.

9 posted on 01/21/2015 9:19:28 AM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Blood of Tyrants

From the comments at the link;

“This is another example of the right-wing’s approach to opposing all reforms: if you can’t win the argument on the merits (i.e., the facts), try to win it on procedural questions (i.e., it’s unconstitutional). This tactic is seen in the Republicans’ opposition to health care reform, climate change actions, and, now, immigration reform. Defense attorneys usually resort to this ploy when they realize they can’t win the case any other way. Let’s hope the courts are wise to this trick.”

“The vituperative tone of many of these comments only serves to underscore my view that the right wing of this country lives in fear, hatred, and contempt for reality. They have no human hearts, are jealous, greedy, violent, and cannot hear any ideas that might not be in agreement with their own. They don’t understand the law they claim to uphold. They don’t understand the Constitution they wave in others’ faces. But they are rock solid in their attitudes and opinions. I have to wonder what has happened to these people, that they are so miserably rigid and bigoted.”


10 posted on 01/21/2015 9:30:54 AM PST by Dr. Bogus Pachysandra (Don't touch that thing Don't let anybody touch that thing!I'm a Doctor and I won't touch that thing!)
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To: Dr. Bogus Pachysandra

Classic liberal boilerplate.

Anybody who doesn’t agree with me is a bigoted, racist, homophobe, anti-gay, racist, bigot, xenophobiast.

Oh, and hates the poooor.


11 posted on 01/21/2015 9:35:46 AM PST by headstamp 2
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To: TLI

Bump worthy


12 posted on 01/21/2015 9:36:58 AM PST by VRW Conspirator (American Jobs for American Workers)
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To: Hostage
Above all, the programs rest on a rock-solid legal footing: the principle of prosecutorial discretion . . . Potential applicants for deportation relief and their families need to hold firm . . .

There is a huge difference between prosecutorial discretion, choosing not to prosecute a minor crime after the fact, and Obama's criminal overreach. Under prosecutorial discretion, one does not have an application process for a permit to continue in criminal activity.

13 posted on 01/21/2015 9:38:22 AM PST by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: Hostage

This is such palaver. The “reasoning” here is basically this. Nothing should impede amnesty for illegal aliens or the free flow flow of illegal aliens. Any legal defense is simply masquerading an underlying racism and nativism. They don’t even try to mount a compelling argument against the lawsuit — only to demonize it with emotion and crying ‘racist fire’ in a crowded theatre.


14 posted on 01/21/2015 9:46:05 AM PST by WashingtonSource
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To: Dr. Bogus Pachysandra
The vituperative tone of many of these comments

"vituperative"

Golly that is a big word!

I suppose "harsh" just was not making the trip...

.

15 posted on 01/21/2015 9:52:11 AM PST by TLI ( ITINERIS IMPENDEO VALHALLA)
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To: Hostage

Prosecutorial discretion is deciding whether or not to prosecute an individual, not an entire class of persons. Refusing to prosecute an entire class of persons has the effect of legislating.


16 posted on 01/21/2015 9:56:15 AM PST by Ray76 (al Qaeda is in the Oval Office (and John Boehner is their craven servant))
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To: E. Pluribus Unum

And don’t think the “nativist” slur goes unnoticed, either.


17 posted on 01/21/2015 9:58:31 AM PST by Ray76 (al Qaeda is in the Oval Office (and John Boehner is their craven servant))
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To: E. Pluribus Unum

Not directed at you, just chiming in right behind you!


18 posted on 01/21/2015 10:02:39 AM PST by Ray76 (al Qaeda is in the Oval Office (and John Boehner is their craven servant))
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To: E. Pluribus Unum

My local newspaper fancied themselves `Mini-me’ to the New York Time’s `Dr. Evil’, aping the old gray whore’s editorial page with knee-jerk lefty stances on any given issues.

I cancelled them, except for the Sunday edition, two months ago and—like broadcast TV—haven’t missed their `Perspectives’ section at all.

Changing gears ....
Following the GOP’s tepid, phoned-in “We wore bread wrappers over our shoes and onions on our belts, golly” response to another `Dr. Evil’ SOTU, I anticipate some similar attrition in the future with Evil’s `Mini-me: the establishment, `rat-lite Grand Old Party.


19 posted on 01/21/2015 10:40:09 AM PST by tumblindice (America's founding fathers: all armed conservatives.)
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To: Ray76

I knew that. The “nativist” slur did not go unnoticed by me, either, but there is so much slurring going on by the Left it’s hard to annotate it all.


20 posted on 01/21/2015 11:08:39 AM PST by E. Pluribus Unum (Offend a Christian and he is obliged to pray for you. Offend a Muslim and he is obliged to kill you.)
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