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Re: Florida Shooting: 17 Students Shot dead in another Mass Shooting in the U.S
No court has ever said that DACA is not constitutional - it's as simple as that.
http://www.politifact.com/truth-o-me...onstitutional/
Quote:
There’s debate among experts on whether DACA is constitutional or not, but there is agreement that a court ruling on the constitutionality of the program has not been issued.
"There has been no court decision holding that DACA itself is unconstitutional," Anil Kalhan, an associate professor of law at Drexel University.
A lawsuit to challenge the 2012 DACA was dismissed for lack of standing, and that decision was upheld by the U.S. Court of Appeals for the Fifth Circuit, Kalhan said. "So there was never any adjudication on the merits," he said...
...Texas and 25 other states won a lawsuit against the Obama administration by having a federal district judge block the implementation of an expanded version of the 2012 DACA and of another deportation reprieve program, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). An appeals court upheld the ruling, and in 2016 the Supreme Court ruled 4-4 on the case, leaving in place the lower court's ruling.
But when those programs were temporarily enjoined by the district court in Texas, it was not on constitutional grounds, Kalhan said, "but rather based on a conclusion that Obama administration should have instituted the policy using notice and comment rule-making, rather than using the more informal guidance document that it issued."
A final, binding precedent even on that basis was not set either, since it was only a preliminary injunction and the Supreme Court deadlocked, Kalhan said.
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