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US Immigration Policy - ICE still the worst, acting in open defiance of orders given.

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Posts

  • ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    edited July 2019
    Judge Hazel gave the Government until 2 PM Friday to either submit in writing that they are dropping this for good, or to file a discovery schedule for the equal protection and conspiracy claims against it.


    (BuzzFeed News)

    ArbitraryDescriptor on
  • Commander ZoomCommander Zoom Registered User regular
    edited July 2019
    Dropping it would be the sane, reasonable, and not-racist thing.
    So, of course, they've been "instructed" not to.

    EDIT: as always, don't read the comments.

    Commander Zoom on
  • CalicaCalica Registered User regular
    Henroid wrote: »
    Taramoor wrote: »
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    I imagine the play here is to print the forms with the question and on there, then say it’s too late to change it.

    Either that or Trump cancels the census.
    A fuckload of people will lose their jobs and possibly face jail time if that happens, and it's the sort of tactic the opposition party and courts are already aware of being possible. Not to mention groups like the ACLU. In the event of "put it on there anyway," the Census will get canceled by court order via lawsuit.

    But, then we have a huge side-effect in that instance because Census data goes into a lot of budget calculation, and the data on the legislative end is pretty vital.

    Would it be feasible to put it off for, say, a year? (Not because we hope to have a Dem president by then - although we do - but because a year is a tidy arbitrary delay.)

    If the census is conducted with the citizenship question illegally included, what would it cost to throw out the results and do it again?

  • TuminTumin Registered User regular
    The census cost is estimated at 15 billion but I'd guess it ends up being 20 or so.

    Chump change to redo, right?

  • AstaerethAstaereth In the belly of the beastRegistered User regular
    Calica wrote: »
    Henroid wrote: »
    Taramoor wrote: »
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    I imagine the play here is to print the forms with the question and on there, then say it’s too late to change it.

    Either that or Trump cancels the census.
    A fuckload of people will lose their jobs and possibly face jail time if that happens, and it's the sort of tactic the opposition party and courts are already aware of being possible. Not to mention groups like the ACLU. In the event of "put it on there anyway," the Census will get canceled by court order via lawsuit.

    But, then we have a huge side-effect in that instance because Census data goes into a lot of budget calculation, and the data on the legislative end is pretty vital.

    Would it be feasible to put it off for, say, a year? (Not because we hope to have a Dem president by then - although we do - but because a year is a tidy arbitrary delay.)

    If the census is conducted with the citizenship question illegally included, what would it cost to throw out the results and do it again?

    AFAIK there is no legal avenue to re-doing the census.

    ACsTqqK.jpg
  • CalicaCalica Registered User regular
    Tumin wrote: »
    The census cost is estimated at 15 billion but I'd guess it ends up being 20 or so.

    Chump change to redo, right?

    Would you need to pay all of that again, though? Like, could you re-use some or all of the planning and preparation from the first attempt?
    Astaereth wrote: »
    Calica wrote: »
    Henroid wrote: »
    Taramoor wrote: »
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    I imagine the play here is to print the forms with the question and on there, then say it’s too late to change it.

    Either that or Trump cancels the census.
    A fuckload of people will lose their jobs and possibly face jail time if that happens, and it's the sort of tactic the opposition party and courts are already aware of being possible. Not to mention groups like the ACLU. In the event of "put it on there anyway," the Census will get canceled by court order via lawsuit.

    But, then we have a huge side-effect in that instance because Census data goes into a lot of budget calculation, and the data on the legislative end is pretty vital.

    Would it be feasible to put it off for, say, a year? (Not because we hope to have a Dem president by then - although we do - but because a year is a tidy arbitrary delay.)

    If the census is conducted with the citizenship question illegally included, what would it cost to throw out the results and do it again?

    AFAIK there is no legal avenue to re-doing the census.

    There's no legal avenue for ignoring the Supreme Court, either.

  • TaramoorTaramoor Storyteller Registered User regular
    edited July 2019
    Henroid wrote: »
    Taramoor wrote: »
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    I imagine the play here is to print the forms with the question and on there, then say it’s too late to change it.

    Either that or Trump cancels the census.
    A fuckload of people will lose their jobs and possibly face jail time if that happens, and it's the sort of tactic the opposition party and courts are already aware of being possible. Not to mention groups like the ACLU. In the event of "put it on there anyway," the Census will get canceled by court order via lawsuit.

    But, then we have a huge side-effect in that instance because Census data goes into a lot of budget calculation, and the data on the legislative end is pretty vital.

    If the Courts/ACLU cancel the Census then its their fault if it doesn't happen.

    The most important thing to the current government is the Trump is never wrong and the Trump cannot fail.

    There is, so far, no limit to how far they will go to ensure that.

    He has officially decreed that the citizenship question will be included on the census, so they will move heaven and earth and spend any amount of taxpayer dollars to make that happen. I can't imagine anyone will go to jail or be held in contempt simply due to the impossibility of restarting/redoing the Census, especially since it's really just one guy who made the decision and he was barely involved in the lawsuit to begin with and honestly what do you expect people to do... say No? To Trump?

    Eventually you'll get a Bush v Gore style SCOTUS ruling that says "Well, we're under a time crunch here, so just this once..."

    Taramoor on
  • enlightenedbumenlightenedbum Registered User regular
    Calica wrote: »
    Henroid wrote: »
    Taramoor wrote: »
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    I imagine the play here is to print the forms with the question and on there, then say it’s too late to change it.

    Either that or Trump cancels the census.
    A fuckload of people will lose their jobs and possibly face jail time if that happens, and it's the sort of tactic the opposition party and courts are already aware of being possible. Not to mention groups like the ACLU. In the event of "put it on there anyway," the Census will get canceled by court order via lawsuit.

    But, then we have a huge side-effect in that instance because Census data goes into a lot of budget calculation, and the data on the legislative end is pretty vital.

    Would it be feasible to put it off for, say, a year? (Not because we hope to have a Dem president by then - although we do - but because a year is a tidy arbitrary delay.)

    If the census is conducted with the citizenship question illegally included, what would it cost to throw out the results and do it again?

    I dunno, but Warren's promised to do just that.

    Self-righteousness is incompatible with coalition building.
  • ElJeffeElJeffe Moderator, ClubPA mod
    The law requires that there be a census.

    I'm assuming the law does not prevent you from fucking it up so badly that the results are unusable.

    I submitted an entry to Lego Ideas, and if 10,000 people support me, it'll be turned into an actual Lego set!If you'd like to see and support my submission, follow this link.
  • shrykeshryke Member of the Beast Registered User regular
    edited July 2019
    Henroid wrote: »
    Taramoor wrote: »


    Sounds like they’re putting it on there anyway.
    They're not putting it on, they have to come up with a legal argument to be able to put it on there. They were gonna give up but Trump's temper tantrum had the DOJ cave in and try again.

    Yup, I think this is the most obvious answer here. Especially given some of the shit the DOJ lawyers have been saying that basically amount to "Um, we're not sure what's going on" and "We're trying to figure something out".

    Example:

    Erica Orden is a reporter for CNN
    Wherein the DOJ lawyer basically says the tweet is the first they heard about this to the very annoyed judge.

    Basically, it's pretty obvious that the SCOTUS said No, everyone was told there was no time and it was over and so all the career people just went and did what they were supposed to. And then Trump tweeted his usual "No, I never lose!" shit, the judges involved in the case rightly asked wtf was going on and now the DOJ et all are scrambling to try to figure out how to square Trump and all his bullshit with the judicial branch and what those judges have literally ordered them to do.

    shryke on
  • PolaritiePolaritie Sleepy Registered User regular
    edited July 2019
    The answer is to tell Trump to shut up, he's been overruled. But.

    Polaritie on
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  • MorganVMorganV Registered User regular
    Polaritie wrote: »
    The answer is to tell Trump to shut up, he's been overruled. But.

    Yeah, it's pretty clear telling the President "No", is a good way to have your career screwed, if not ended.

    It shouldn't work like that, but in this reality, that's the way things work now.

    I bet there's more than a few bureaucrats who are holding out hope that in ~18 months or so, they can go back to the business or running the government, and doing their jobs as originally envisioned. They just need to weather the current bullshit and petulance, where your department's position can be overruled by tweet, and you have no idea what's going on until a judge or a reporter tells you.

  • joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    The irony of celebrating our “freedom” today when we are running concentration camps in this country is a little unbearable.

  • wanderingwandering Russia state-affiliated media Registered User regular
    Preacher wrote: »
    This is where Trump's dumb fucking mouth hopefully gets him in trouble. Like you can't be ordered not to do something and then claim "fuck it we're doing it anyway" and not like expect those courts to just go "lol I guess we tried"

    He tried to save face with his dumb fan base and hopefully his admin gets fucking burnt from it. Or are we do another "his tweets aren't official policy until they are"
    The Trump administration should, for legal reasons, add the words "parody account" to Trump's twitter account

  • MorganVMorganV Registered User regular
    wandering wrote: »
    Preacher wrote: »
    This is where Trump's dumb fucking mouth hopefully gets him in trouble. Like you can't be ordered not to do something and then claim "fuck it we're doing it anyway" and not like expect those courts to just go "lol I guess we tried"

    He tried to save face with his dumb fan base and hopefully his admin gets fucking burnt from it. Or are we do another "his tweets aren't official policy until they are"
    The Trump administration should, for legal reasons, add the words "parody account" to Trump's twitter account

    It's ridiculous that the President can make public statements, and noone knows if they're real or not, and there's noone in a position to confirm or refute them, because the White House communications personnel are just so fucked up, and the President is so erratic.

  • GoumindongGoumindong Registered User regular
    ElJeffe wrote: »
    The law requires that there be a census.

    I'm assuming the law does not prevent you from fucking it up so badly that the results are unusable.

    In the past the court has ruled, essentially, “the constitution says x and if its not good its not x”.

    But Roberts has pretty explicitly thrown that out with the most recent abductation on gerymandering. So who knows?

    wbBv3fj.png
  • ZomroZomro Registered User regular
    The irony of celebrating our “freedom” today when we are running concentration camps in this country is a little unbearable.

    Yeah, I'm not gonna lie, I'm pretty pissed at the idea of people celebrating July 4th right now. Giving lip service to 'freedom' and 'liberty' while we have a bunch of innocent people locked up without due process.

  • PreacherPreacher Registered User regular
    If that upset you do not look at any of the presidents fans celebrating today. There was some reprehensible woman who literally had a tasteless sign making light of the drowning deaths of the man and his 23 month old daughter.

    Its like rationality has left this insane nation.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
  • enlightenedbumenlightenedbum Registered User regular
    Preacher wrote: »
    If that upset you do not look at any of the presidents fans celebrating today. There was some reprehensible woman who literally had a tasteless sign making light of the drowning deaths of the man and his 23 month old daughter.

    Its like rationality has left this insane nation.

    If it's the same one I'm thinking of that was definitely a protester who got smeared. Somebody interviewed a woman with such a sign and she hates the president.

    Self-righteousness is incompatible with coalition building.
  • TaramoorTaramoor Storyteller Registered User regular
    Preacher wrote: »
    If that upset you do not look at any of the presidents fans celebrating today. There was some reprehensible woman who literally had a tasteless sign making light of the drowning deaths of the man and his 23 month old daughter.

    Its like rationality has left this insane nation.

    If it's the same one I'm thinking of that was definitely a protester who got smeared. Somebody interviewed a woman with such a sign and she hates the president.

    Even if I agree with her politics holy shit that sign is in epically poor taste

  • PreacherPreacher Registered User regular
    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
  • FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    Preacher wrote: »

    Judge isn't going to like that.

  • JavenJaven Registered User regular
    I guess that’s the difference between ruling an action unconstitutional vs the justification of an action.

  • ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    Fencingsax wrote: »
    Preacher wrote: »

    Judge isn't going to like that.

    Plaintiffs might, though. Now they'll get to request all records pertaining to its justification in discovery.

    And, unlike Congress, I suspect they will force the administration to defend its executive privledge claims and "unlimited immunity" theory.

  • PreacherPreacher Registered User regular
    Fencingsax wrote: »
    Preacher wrote: »

    Judge isn't going to like that.

    I hope he sees that in the planning stages. Though at least this article highlights the person trying to keep the bullshit alive is connected to sessions and the person saying something contradictory was supposedly actually in charge.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
  • enlightenedbumenlightenedbum Registered User regular


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Self-righteousness is incompatible with coalition building.
  • ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    They have 64 minutes to inform the judge which way this going to go.

    Best case scenario is the lawyers tell the judge they're dropping it and Trump keeps tweeting.

  • PreacherPreacher Registered User regular


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Remember what Trump says is not actually what the intent is according to this SCOTUS.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
  • CalicaCalica Registered User regular


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

  • ZibblsnrtZibblsnrt Registered User regular
    Calica wrote: »


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

    Non-citizen residents are still residents who have civil and political rights, access to public services such as schools and basic infrastructure, etc., and need to be counted towards those ends. It's not just about Congressional representation (though they have a right to that as well).

  • ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    edited July 2019
    Calica wrote: »


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

    Not a dumb question, but certainly an irrelevant question. The law requires they be counted for apportionment, therefore they must be.
    Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed

    (Probably) Oversimplified explanation: Taxation requires representation.

    ArbitraryDescriptor on
  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    Calica wrote: »


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

    I'm like 80% sure that non-citizens still count towards representation. This is for variously reasonable or horrific historic reasons.

    Nod. Get treat. PSN: Quippish
  • DarkPrimusDarkPrimus Registered User regular
    One does not have to be a voter in order to be a constituent.

  • PreacherPreacher Registered User regular
    Also the intent of the question is to scare even legal citizens from participating for fear the trump admin will deport them anyway.

    I would like some money because these are artisanal nuggets of wisdom philistine.

    pleasepaypreacher.net
  • ShadowhopeShadowhope Baa. Registered User regular
    Calica wrote: »


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

    I'm like 80% sure that non-citizens still count towards representation. This is for variously reasonable or horrific historic reasons.

    On a related note, as I understand it, incarcerated individuals count towards the population of the district that they're incarcerated in. Therefore, whenever some black or latinx person got locked up for smoking weed or similar bullshit, not only was one potential Democrat removed from a district, but a bit of district weighting was given to the inevitably rural district in which the prison was located. A district in which the incarcerated do not get to vote.

    Civics is not a consumer product that you can ignore because you don’t like the options presented.
  • ArbitraryDescriptorArbitraryDescriptor changed Registered User regular
    Preacher wrote: »
    Also the intent of the question is to scare even legal citizens from participating for fear the trump admin will deport them anyway.

    It's really a win-win for them. They either get undereported minority populations or knowledge of which non-white households in the maps they control are eligible to vote.

  • DevoutlyApatheticDevoutlyApathetic Registered User regular
    Shadowhope wrote: »
    Calica wrote: »


    Reuters legal reporter. Again, he makes shit explicit that everyone knows. But hopefully means the fig leaf won't satisfy SCOTUS.

    Probably-dumb question: non-citizens already can't vote in state or federal elections, so is the idea here that non-citizens tend to live in the same areas as citizens who share the same concerns (e.g. families where some adults are citizens and others aren't), and by not counting the non-citizens you weaken the representation of that bloc overall?

    I'm like 80% sure that non-citizens still count towards representation. This is for variously reasonable or horrific historic reasons.

    On a related note, as I understand it, incarcerated individuals count towards the population of the district that they're incarcerated in. Therefore, whenever some black or latinx person got locked up for smoking weed or similar bullshit, not only was one potential Democrat removed from a district, but a bit of district weighting was given to the inevitably rural district in which the prison was located. A district in which the incarcerated do not get to vote.

    Think this varies by state but yes, it is definitely a Thing.

    Nod. Get treat. PSN: Quippish
  • I ZimbraI Zimbra Worst song, played on ugliest guitar Registered User regular


    Rick Hasen is a law professor and blogger

    the stupidest thing is how likely it is that this will work.

  • DarkPrimusDarkPrimus Registered User regular
    "Let us get away with it right now and I promise you I'll tell you about how it's totally legal later."

  • PolaritiePolaritie Sleepy Registered User regular
    DarkPrimus wrote: »
    "Let us get away with it right now and I promise you I'll tell you about how it's totally legal later."

    Yeah, the difference is that they're being so transparent about trying to find a post-hoc justification here.

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This discussion has been closed.