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Boiled down to the essentials, there is no difference at all on the Trump administration's claim that DACA was illegal as mentioned in Chief Justice Roberts' opinion, and Nolan's argument that the March 13 ICE directive allowing foreign students to take...07-20-2020, 10:03 AM -
There might be another way of describing Nolan's attempt to distinguish the foreign students'issue from DACA: As I read his argument, he seems to be saying that there might have been some doubt about whether DACA was really illegal at all, since it...07-20-2020, 06:37 AM
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There is a legal doctrine known as "distinction without a difference'. Nolan's attempt to distinguish the foreign students issue from Chief Justice Roberts' DACA decision falls within this doctrine. The point is very simple: ICE's March 13 directive...07-20-2020, 05:07 AM
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A federal regulation has the force and effect of a federal statute. If you want to know why or just want to learn more about federal regulations, CRS wrote a two page summary that provides a good explanation. https://fas.org/sgp/crs/misc/IF10003.p...07-19-2020, 09:57 PM
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Roger is still missing the point. DACA involved prosecutorial discretion. The issue in student visa case is statutory eligibility for a student visa. The INA defines a student as an alien who is entering the US to pursue a full course of study. A...07-19-2020, 09:41 PM
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You are missing the point, which is that the administration can't change a federal regulation by issuing a memo. It isn't similar to DACA where the issue was whether the administration had gone to far with its prosecutorial discretion. There as no...07-19-2020, 07:09 PM
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