Thursday, September 17, 2015

Immigration Law Stuck in Appeals Court



Link - http://www.latintimes.com/obama-immigration-2015-sheriff-joe-arpaios-lawsuit-dismissed-court-citing-unsupported-335464

Date - 8/17/2015

Summary - President Obama announced an Executive Order on immigration in November of 2014.  His 2012 Order dealt with DACA, deferred action on children, in which the INS would not deport children brought illegally before the age of 18.  The 2014 Order dealt with DAPA, deferred action on parents, in which parents who entered illegally, but whose children are citizens, would not be deported.  A notoriously conservative and outspoken sheriff from Phoenix, Joe Arapaio, brought a suit against Obama by claiming DAPA would lead to an increase in crime.  The D.C. District Court of Appeals dismissed the suit, claiming that Arapaio does not have standing in the case, which means he cannot prove injury.  Arapaio's lawyer hopes the U.S. Supreme Court will agree, though the next step is the 5th Circuit Court in New Orleans.  Interestingly, the 5th Circuit is currently deciding a case brought by Texas against Obama for DAPA.  The Texas suit has been granted standing and a federal court issued a ruling in February against Obama's plan.  Texas reasoning was based on the claim immigrants will cost more money for public services, such as driver's licenses.  While the 5th Circuit has not rendered its final ruling, it did rule in May against lifting the hold on DAPA, arguing "public interest favors maintenance of the injunction" against DAPA.

Question(s) - Was Obama within his constitutional powers in implementing an action that is widely popular?  Why did Obama pass this executive order (what does cartoon say)?


By the way, here is a funny video on the bill, I mean executive action.

48 comments:

  1. The executive order was meant to get Obama most of the Latino votes, as implied by the cartoon. During 2012, when Obama implemented the DAPA, Obama was campaigning for reelection and knew that the Latino votes were the most important ones for him to get. He knew that by creating this "bill" he would gain the popularity among the Latino voters.

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    1. Obama is within his constitutional powers because there is nothing in the Constitution that says anything about immigrants. The president has faithful execution if the law and there is a debate of how much discretion the president has. With acts such as this, Obama is expanding the presidential power.

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    2. Obama is within his constitutional powers because there is nothing in the Constitution that says anything about immigrants. The president has faithful execution if the law and there is a debate of how much discretion the president has. With acts such as this, Obama is expanding the presidential power.

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  2. According to the cartoon Obama did this purely out of retrieving the latino vote while running against Mitt Romney. By initiating DAPA he is making it clear that he is working in the best interest of the latins in the country and makes him look like their best bet for the presidency. The use of drones also being referenced which has been a big issue for Obama and his unmanned drone strikes in the middle east. Comparing this to the seemingly overstep in the presidents power and an unpopular decision made by the presidency the cartoon expresses its discontent with DAPA

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  3. Obama was within his powers to make an executive order. As far as I know, the constitution does not have any procedures on illegal immigrants. But his actions were not entirely motivated by virtue. This executive action was most likely fueled by his desire to gain the growing Latino vote.

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  4. To respond to the above questions, I believe this executive action is not within Obama's constitutional powers, and should be repealed. According to the cartoon, Obama passed this action in order to earn the Latino vote. However, this doesn't quite make sense, as Obama has already had 2 terms in the White house and cannot be re-elected.

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    1. Good thought Noah. The cartoon is in response to DACA in 2012, not DAPA in 2014.

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  5. As depicted in the cartoon above, the Election of 2012 between Romney and Obama shows that both parties were trying to gain Latino voters. By passing the executive order, it made Obama extremely popular within the Latino community.

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  6. The executive order on immigration in November of 2014 that president Obama formulated, was well within his powers. The president's logic and reasoning behind passing the new law was simple, why would you deport the creators of the new generation? Where would those kids go? How would they survive at age 16 by themselves? By not allowing their parents citizenship into the country how could that benefit the united states at all, our government would be forced to care for the children and financially support them. In addition to that, the key point here is the separation of democrats versus republicans, having democrats support the president and republicans go against him. If u look at the two sides to the situation, the differences between the views and beliefs are all within politics. This discussion is related to the common disagreement between democrats and republicans.

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  7. The cartoon is an example of Obama using an executive order to swiftly try and win the Latino vote from other candidates that may have threatened his position in the past. As a result, both the DAPA, and DACA orders could be seen as a move by Obama for personal political gains

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  8. The cartoon is an example of Obama using an executive order to swiftly try and win the Latino vote from other candidates that may have threatened his position in the past. As a result, both the DAPA, and DACA orders could be seen as a move by Obama for personal political gains

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  9. Legislation that is already widely popular, should be within his constitutional power. If you take into account the difficulty it would take to pass his bill through congress, his actions seem reasonable. The Republicans would make it difficult for him. The only reason it wouldn't be in his power is legislation is typically the power of Congress or state governments, but loose constructionalists might disagree. The cartoon seems to suggest that Obama only issued this Executive Order for the Latino vote and was not as concerned with how long it might last and the opposition that it would concern. He might only want to show Latinos he cares, rather than actually caring.

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  10. Yes, Obama was within his constitutional powers in implementing this action. Texas claims that this order will increase state investment in law enforcement and other areas. Obama passed this order to protect undocumented parents and remove the threat of deportation. Because of this executive order, 4 million undocumented immigrants could gain protection from deportation.

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    1. I enjoy reading about the importance of the deportation of the illegal immigrants coming to America and how their votes are pretty much secured for Obama's election campaign.

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    2. Yes, the cartoon depicts that Obama passed the executive order simply to win Latino votes.

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  11. Obama was within his constitutional rights to implement this executive order. Although this action was most likely made for Obama to win more of the Latino votes. AS shown by the Cartoon, as Romney wants to gain the Latino votes, Obama swoops in and by passing the executive order, it made him more popular with the Latinos and more likely for them to vote for him rather than Romney.

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  12. I think that Obama was within his constitutional powers in implementing an action such as the executive order on immigration because there isn't anything within the Constitution regarding immigration, and since it now a huge part of our country, there needed to be some guidance regarding the issue.
    - According to the cartoon, Obama passed this executive order because he was afraid that Mitt Romney was going to retrieve the Latino votes, so he passed the executive order so he could secure the minority votes.

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  14. I believe that Obama was within his constitutional powers when he issued his executive order on immigration. According to USNews, almost every president has made an executive order on immigration and have been shown to be acting within their constitutional bounds. According to the cartoon, Obama made the executive order so that he could win the latino vote and win over Mitt Romney.

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    1. This comment has been removed by the author.

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    2. Additionally in the USNews article Marshall Fitz explains how Obama was simply doing his job. He was following precedents on executive action set by earlier presidents, and he was also setting a precedent by not blocking immigration reforms as president have done in the past 10 years.

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  15. I believe that Obama was well within his constitutional power in implementing an action that is widely popular. If there is something that the general population is in support of (that is positive and doesn't attack another person), then the president should act on this. In this case, Obama, as implied by the cartoon, only supported implementing DAPA in order to get the large Latino vote.

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  17. Obama is well within the limits of his constitutional powers. He is making a response to congressional action rather than trying to make a law without Congress. Previous presidents have implemented laws on immigration before Obama. Although there are still limits when it comes to exactly deciding how to execute what Congress has passed, Obama's action is consistent with the laws that Congress passed. For Joe Arapaio to make a claim that implementing this law will rise crime is merely an assumption without evidence to back it up.

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  18. Obama was in his constitutional orders to pass a widely popular action. There is nothing in the constitution that states anything about immigration and he is just expanding the responsibilities of president. Obama, going against Romney, passed these executive orders because he wanted to earn the Latino vote.

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  19. Obama was well within his power of the constitution and allowing immigrants from other countries to have a citizenship of the country as long as they are under 18 years old. For the reason that the law was popular there was more of a reason for there to be a law which legalized the issue. Obama passed the executive order because it allowed more Latino votes during the election there was no way another candidate could compete with such a blow out move. Obama used his executive power to make to make the election unfair.

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  20. After reading the article and cartoon, the public is saying that that Obama created this executive order to earn the Latino vote. In my opinion, it is unfair to solely base Obama's decision on the fact that he wants that Latino vote. Yes, he was trying to win the Latino vote but, as corny as this sounds, he was trying to give people a chance.

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  21. I believe Obama was well within his constitutional powers to implement this action. Throughout history, presidents have made policy choices about which violations of the federal law to prosecute and which to ignore. Obama's response was a response to a congressional action and that is well within his executive power to enforce. It was left up to Obama on how he would exercise his prosecutoral discretion.

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  22. In 2014, Obama issued an executive order on immigration stating that illegal immigrants with children who are citizens would not be deported from the United States. To me, this case has some similarities to Obama's stance on marijuana in Colorado, and medical marijuana in many other states; While the action is not legal federally, the Obama administration will not enforce the supremacy clause to remove the use. In the case of illegal immigrants, they are not legally allowed in the United States, but Obama will not deport immigrants with children. Obama is within his constitutional power, because citizenship is a federal, not state process. The cartoon, however, indicates that Obama is asserting these actions only to claim the Latino vote.

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    1. I like like the connections to supremacy & the executive branch's discretion when enforcing laws.

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  23. Given that the president is not a lawmaker, he could not just implement that rule out of thin air. He'd have to propose it to Congress. Even then, according to the cartoon, he doesn't necessarily care about the well-being of latinos, but just wants to secure their vote in order to serve as president for another 4 years.

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    1. I agree with your conclusion of Obama's unjust actions. The cartoon depicts Obama's true intentions and motives for why he passed the executive order, which you pointed out very nicely.

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    2. I agree with your conclusion of Obama's unjust actions. The cartoon depicts Obama's true intentions and motives for why he passed the executive order, which you pointed out very nicely.

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  24. Obama passed the executive order because Congress was unable and unwilling to pass equivalent legislation despite moderate bipartisan support. He recognizes that a majority of the public supports such a plan, although it is bitterly divided. Finally, it was part of his progressive agenda to tackle immigration reform, which, acting on his own, was a stretch of his powers, but a necessary one.

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  25. Obama acted within his powers when instituting the executive order and although his motives were mostly for his own benefit, (as it granted him the Latino votes) it was a moral and just thing to do. The issue of Latino immigration is a monumental problem in the US today however, the executive order has proven itself widely popular despite the conservative opinion that it would increase crime.

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  26. Obama had one of many goals in mind when passing the executive order, his main goal was to win all the Latino votes and sweep the election away from Mitt Romney. Due to the fact that he exercised his executive power to allow DACA and DAPA to be legal, it put him in a good light within the Latino community. Although his actions could look like progression for the immigrants of the United States, it was more of an example of him merely wanted to win the re-election. This use of presidential power was unfair and should have been ruled as unconstitutional.

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  27. Obama, when creating and implementing DAPA, was well within his constitutional power. It was also widely popular so it did not offend, attack, or infer a negative connotation upon anyone. One reason Obama could have passed this executive order was to gain the large Latino vote, instead of fighting for it with Romney.

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  28. Obama was well within his constitutional powers by implementing the widely popular executive order on immigration.The cartoon depicts the unfair fight between Romney and Obama for the Latino vote. Although his reasoning was more for himself rather than for the benefit of the Latino community, it still extended the rights of illegal immigrants.

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  29. Obama was within his rights to create the Executive Order because he knew he had the public support to back it up. Obama passed this to secure the Latino vote in the election against Mitt Romney. Obama won 71 percent of the Latino vote and that was most likely the difference between winning and losing the election. It was a good idea therefore to pass the executive order.

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  30. Obama had the power to make that executive order. Obama did it mostly to gain Latino votes.The Executive Branch has the power to not execute certain laws. His actions are widely supported by the Democratic party and they back Obama's decision.

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  31. I feel that Obama was within his constitutional powers by implementing his executive order. The idea was already very popular, and I feel that Obama was building off of the support of the people, and was exercising his power in a reasonable way. The cartoon shows Romney blindly trying to secure the Latino vote, while Obama drops this "executive order bomb" that secures the Latino vote for him.

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  32. Obama was unconstitutional because he ignored the checks and balances and implemented an executive order anyways. He should have went through the house of representatives and senate. However, he implemented it without doing so. The cartoon shows that he did not follow the rules and only implemented the order to gain the latino vote. Regardless if the order is popular, although that is an important factor, Obama still should have went through the normal checks and balances instead of just doing what he wanted.

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  33. I believe Obama, as President of the United States, was within the boundaries of the Constitution for making the executive order. There will always be disagreements between the president and congress, and the fact that this order was so widely desired proved that it wasn't anything punishable by law. I believe the cartoon represents how Obama used his executive order to guarantee the Latino vote against Mitt Romney.

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  34. I believe that Obama was within his boundaries of the Constitution for making the executive order that he made. This is because he is the President of the United States. Because disagreements are natural between the executive branch and congress. because this order was wanted, portrayed that anything can be detrimental by the law. The cartoon provide is illustrating the Obama used his power as president to secure the Latino vote against Romeny.

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  35. I believe that Obama was within his boundaries of the Constitution for making the executive order that he made. This is because he is the President of the United States. Because disagreements are natural between the executive branch and congress. because this order was wanted, portrayed that anything can be detrimental by the law. The cartoon provide is illustrating the Obama used his power as president to secure the Latino vote against Romeny.

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