The H-4 expansion Obama did, just like his DACA expansion, was illegal, as the Fifth Circuit has already established. The Trump administration is simply following the law by withdrawing the illegal expansion that the DHS lacked legal authority to do. The H-4 specific lawsuit from Save Jobs USA is using the same principle from the Fifth Circuit decision.
The legal way to have done H-4 or DACA was with appropriate legislation during the time the Democrats held the Presidency, the House, and a filibuster-proof Senate majority... yet they chose to do absolutely no changes in immigration law (DACA or other amnesty, H-4 or other expansion). In fact, Senator Schumer railed against amnesty himself in multiple floor speeches. Now, ask yourself why that is.
1. There is plenty of distinction from the Fifth Circuit decision - for example DAPA and expanded DACA deal with folks present in the country illegally, while H-4 spouses have legal status. Another distinction is that the H-4 work authorization is interstitial - it only applies to those with an approved green card petition, and bridges the gap until the green card is received. That does not apply to DAPA.
2. That Fifth Circuit case was never decided on its merits - it just upheld a preliminary injunction from the district court.
That Fifth Circuit case was never decided on its merits - it just upheld a preliminary injunction from the district court.
That's all the Courts of Appeal ever do; they don't retry the testimony or evidence of a case in search of its "merits". What distinction are you trying to make?
If you're going to bring up the bullshit argument of "but the Dems owned all three branches of government!", at least get the Senate Majority Leader correct.
The H-4 expansion Obama did, just like his DACA expansion, was illegal, as the Fifth Circuit has already established. The Trump administration is simply following the law by withdrawing the illegal expansion that the DHS lacked legal authority to do. The H-4 specific lawsuit from Save Jobs USA is using the same principle from the Fifth Circuit decision.
The legal way to have done H-4 or DACA was with appropriate legislation during the time the Democrats held the Presidency, the House, and a filibuster-proof Senate majority... yet they chose to do absolutely no changes in immigration law (DACA or other amnesty, H-4 or other expansion). In fact, Senator Schumer railed against amnesty himself in multiple floor speeches. Now, ask yourself why that is.