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The Water Cooler
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My thoughts on a "Dreamer" compromise
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<blockquote data-quote="Dave70968" data-source="post: 3075521" data-attributes="member: 13624"><p>Actually, you're mistaken on that point. Without going too much into the history of law and equity (formerly tried in separate courts, now--in US practice, anyway--generally merged into a single court), there is a significant amount of "heart" in the law. In this general situation, "laches" would be a big argument in favor of letting them stay. Laches is the idea that the aggrieved party (the United States, in this instance) has "slept on its rights" in allowing the offending behavior to stand, and that enforcing it now, at this late date, would unfairly prejudice the accused. It's related to the statute of limitations, but where the SoL is strictly time-based, laches considers other factors. The Wikipedia article (<a href="https://en.wikipedia.org/wiki/Laches_(equity)" target="_blank">https://en.wikipedia.org/wiki/Laches_(equity)</a> ) has a pretty good summary. There are other equitable defenses that might apply as well; the previous administration's promises might give rise to a claim for <a href="https://en.wikipedia.org/wiki/Estoppel" target="_blank">estoppel</a> (Wikipedia again). "Heart" is pretty much the basis of equity, and equity is still available in modern courts. We dress it up in fancy terms and citations to previous cases (precedents), but at the end of the day, it's basically "in light of the whole situation, it's the right thing to do."</p><p></p><p>(Anybody who's interested in the history of law vs. equity is welcome to ask, but I think it'd be getting too far astray of the topic for this thread. It's really quite fascinating, even playing a role in the American Revolution.)</p></blockquote><p></p>
[QUOTE="Dave70968, post: 3075521, member: 13624"] Actually, you're mistaken on that point. Without going too much into the history of law and equity (formerly tried in separate courts, now--in US practice, anyway--generally merged into a single court), there is a significant amount of "heart" in the law. In this general situation, "laches" would be a big argument in favor of letting them stay. Laches is the idea that the aggrieved party (the United States, in this instance) has "slept on its rights" in allowing the offending behavior to stand, and that enforcing it now, at this late date, would unfairly prejudice the accused. It's related to the statute of limitations, but where the SoL is strictly time-based, laches considers other factors. The Wikipedia article ([URL]https://en.wikipedia.org/wiki/Laches_(equity)[/URL] ) has a pretty good summary. There are other equitable defenses that might apply as well; the previous administration's promises might give rise to a claim for [URL='https://en.wikipedia.org/wiki/Estoppel']estoppel[/URL] (Wikipedia again). "Heart" is pretty much the basis of equity, and equity is still available in modern courts. We dress it up in fancy terms and citations to previous cases (precedents), but at the end of the day, it's basically "in light of the whole situation, it's the right thing to do." (Anybody who's interested in the history of law vs. equity is welcome to ask, but I think it'd be getting too far astray of the topic for this thread. It's really quite fascinating, even playing a role in the American Revolution.) [/QUOTE]
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