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Thread: Federal Judge Stalls Obama’s Executive Action on Immigration

  1. #31
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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by pbrauer View Post
    Baloney! The President said the individuals must be crime free (besides crossing the border) and must pass a background check. He still is prosecuting those people who are breaking ou laws. There are laws against speeding. Either the cop or the judge can dismiss your "crime" against speeding depending on how much you were over the speed limit.
    Your last statement is correct. But neither a court nor an officer takes it upon themselves to issue an edict that all speeding infractions under a certain limit of speeding are dismissed. Perhaps all bank robberies committed by individuals who are "crime free" should be ignored. I can hear it now "your Honour, I'm crime free except for that other crime we don't count anymore, so I should go free, right?"
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by pbrauer View Post
    You are exactly right, that's what he is doing. Thanks!
    Again, no. Prosecutorial discretion only deals with the decision to prosecute, or not. It would not give them legal status.

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by bubbabgone View Post
    I especially like the Admin's reasoning that they have been granted the authority by Congress and the Courts to use discretion as to how the Laws are applied.
    The Judge said bull****, you're ignoring the Law.

    He also noted something I had been wondering about.
    Obama keeps saying if Congress would only act He<sic> wouldn't have to.
    That sure as hell implies Obama is taking actions he knows he's not entitled to, and has even said so many many times..

    Awesome point
    ""You know, when we sell to other countries, even if they're allies -- you never know about an ally. An ally can turn."
    Donald Trump, 11/23/17

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by pbrauer View Post
    You are exactly right, that's what he is doing. Thanks!
    however prosecutorial discretion is always on a case by case basis. Obama didn't do that which is why the court is going to have no choice but to overturn his
    EO. he doesn't have the power to do what he did. that is why we have a constitution to prevent him from doing exactly that.
    which is give them legal status. he doesn't have the authority to do that.

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by pbrauer View Post
    Baloney! The President said the individuals must be crime free (besides crossing the border) and must pass a background check. He still is prosecuting those people who are breaking ou laws. There are laws against speeding. Either the cop or the judge can dismiss your "crime" against speeding depending on how much you were over the speed limit.
    List the prosecutions and when they were initiated.

    Again you are comparing individual discretion against blanket policy. The cop who busts you for speeding has the discretion to let you off for REASON. Like your wife is giving birth and you need to get to the hospital, or whatever. A cop can decide to not prosecute for marijuana possession for many reasons based on the facts of THAT particular incident involving that particular set of circumstances.

    It is not a blanket pardon.

    You still have not provided Obama's alleged parameters as published...and when you say "Obama says" I hear wind whistling though a coal mine, they man says a lot and very, very little of that is even reality...."If you like your plan..." kind of makes the words out of his mouth into a kind of head fart
    ""You know, when we sell to other countries, even if they're allies -- you never know about an ally. An ally can turn."
    Donald Trump, 11/23/17

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by Fearandloathing View Post
    List the prosecutions and when they were initiated.

    Again you are comparing individual discretion against blanket policy. The cop who busts you for speeding has the discretion to let you off for REASON. Like your wife is giving birth and you need to get to the hospital, or whatever. A cop can decide to not prosecute for marijuana possession for many reasons based on the facts of THAT particular incident involving that particular set of circumstances.

    It is not a blanket pardon.

    You still have not provided Obama's alleged parameters as published...and when you say "Obama says" I hear wind whistling though a coal mine, they man says a lot and very, very little of that is even reality...."If you like your plan..." kind of makes the words out of his mouth into a kind of head fart
    Here you go F&L:

    Now here is the thing. We expect people who live in this country to play by the rules. We expect those who cut the line will not be unfairly rewarded. So we’re going to offer the following deal: If you’ve with been in America more than five years. If you have children who are American citizens or illegal residents. If you register, pass a criminal background check and you’re willing to pay your fair share of taxes, you’ll be able to apply to stay in this country temporarily without fear of deportation. You can come out of the shadows and get right with the law. That’s what this deal is.

    Now let’s be clear about what it isn’t. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship or the right to stay here permanently, or offer the same benefits that citizens receive. Only Congress can do that. All we’re saying is we’re not going to deport you.

    Transcript: Obama’s immigration speech


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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by pbrauer View Post
    Here you go F&L:

    Now here is the thing. We expect people who live in this country to play by the rules. We expect those who cut the line will not be unfairly rewarded. So we’re going to offer the following deal: If you’ve with been in America more than five years. If you have children who are American citizens or illegal residents. If you register, pass a criminal background check and you’re willing to pay your fair share of taxes, you’ll be able to apply to stay in this country temporarily without fear of deportation. You can come out of the shadows and get right with the law. That’s what this deal is.

    Now let’s be clear about what it isn’t. This deal does not apply to anyone who has come to this country recently. It does not apply to anyone who might come to America illegally in the future. It does not grant citizenship or the right to stay here permanently, or offer the same benefits that citizens receive. Only Congress can do that. All we’re saying is we’re not going to deport you.

    Transcript: Obama’s immigration speech
    Except that's NOT prosecutorial discretion. That is amnesty. Even if you believe the "temporarily" part of what he says, and we know he lies like a rug.

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Did you even read that?

    When is Prosecutorial Discretion Used in Immigration Enforcement? ▲

    Prosecutorial discretion may be exercised at any stage of an immigration case. Specifically, prosecutorial discretion may be exercised when deciding whether to: issue a detainer; initiate removal proceedings; focus enforcement resources on particular violations or conduct; stop, question, or arrest a particular person; detain or release someone on bond, supervision, or personal recognizance; settle or dismiss a removal case; stay a final order of removal; pursue an appeal; and/or execute a removal order. Examples of the favorable exercise of prosecutorial discretion in the immigration context include a grant of deferred action; a decision to terminate or administratively close removal proceedings; a stay of removal; or a decision not to issue a charging document in the first place.
    not only does it apply ONLY to individual cases on the merits of each case, but there is no forbearance of future or ongoing crime.

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    Re: Federal Judge Stalls Obama’s Executive Action on Immigration

    Quote Originally Posted by GPS_Flex View Post
    The Justice Dept. plans to waste even more tax payer's money by appealing this ruling to the Fifth Circuit Court of Appeals.

    Federal Judge Stalls Obama’s Executive Action on Immigration

    Obama seems more interested in working with despots and others who threaten the USA than he does his own Congress or our allies.


    Federal judge temporarily blocks Obama's immigration executive action

    I'm sorry but "commonsense policies to help fix our broken immigration system" is a legislative action constitutionally reserved only to Congress. Maybe the emperor should read/respect Article II, Section 3, Clause 5 "take Care that the Laws be faithfully executed" and Article II, Section 3, Clause 2 "recommend to their consideration such measures as he shall judge necessary and expedient". You'd think he was familiar with these areas of the Constitution.
    The only thing I trust less than the presidency is the judiciary.

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