grandfathered option
 

the grandfathered option doesn't make much sense to me. why would trump choose that option when we are less than a week away from a law suit that wants to get rid of the program completely? unless he wants to defend it of course which is best case scenario but unbelievable

Re: grandfathered option
 

Grandfathered just means he's going to let our EAD's expire

Re: grandfathered option
 

No, grandfathered means renewals are ok, but no new applicants.

Phasing the program out would mean our EADs would expire.

Re: grandfathered option
 

While, that's true normally; there was a CNN article posted here stating that the two options are recinding DACA completely or grandfathering us in by allowing our EAD's to expire, and that Trump was leaning towards the later. Wish I could find it.

Re: grandfathered option
 

Exactly. Stopping new applicants and letting current recepients continue to renew would not stop the lawsuit. If Trump is making a decision on DACA, he will have to end it, most likely letting our EADs continue until they expire.

Re: grandfathered option
 

I hope he just don't make a decision and let the court fight it out. DACA is constitutional!

Re: grandfathered option
 

agreed

Re: grandfathered option
 

There's really 4 ways this can unfold:

1) DACA continues as is.
2) DACA continues with everyone grandfathered in and eligible to renew indefinitely.
3) DACA ends, current work permits remain valid until expiration, those pending will be most likely denied.
4) DACA ends immediately, current work permits are canceled.
5) DACA continues based on territory (circuit splits with Supreme Court not hearing the case).


We're at least in the good situation with the lawsuit that DACA has existed for a while and has been published as a substantial regulation; e-DACA and DAPA weren't, the chief argument against them was violation of the Administrative Procedures Act. Also since it existed no injunction can be issued against it.

So what happens - well Hanen is an activist judge so he will rule against us. Case will move upward to the 5th circuit that will stay his decision and rule one way or another, then it moves up to the Supreme Court where I am not optimistic, DAPA case got deadlocked 4-4 (you can tell who voted how), and Gorsuch will tilt that to 5-4 against.

Ideal situation would be the 5th Circuit and Supreme Court refusing to hear the case, since Hanen only has a tiny jurisdiction, or 5th Circuit upholding and Supreme Court not hearing the case.

Less ideal situation would be 5th Circuit striking DACA down but Supreme Court not hearing it, since all other circuits are not bound by rulings of the 5th Circuit at worst people in Texas, Oklahoma, and Lousiana should think of moving to a better state.

Re: grandfathered option
 

Why not some relief for us such as GC? That could be a possibility.

Re: grandfathered option
 

No, it's not a possibly, unless there's some obscure law on the books that avoided detection for years.

Re: grandfathered option
 

The grandfathered option they are talking about is no immediate cancellation of outstanding work permits, rather letting them expire without renewals.

Re: grandfathered option
 

Option 1 and 2 aren't possible. You misunderstood the concept of grandfathering. Option 2 really means Option 3.

After all, only the termination of DACA will prevent the GOP state attorney general lawsuits, or else Trump will have to defend DACA in court which won't happen.

So it really is a choice between your work permit voided immediately, or letting it expire on its expiry date and no renewal.

Re: grandfathered option
 

He doesn't have to defend DACA in court. He could decline defense and open the doors for other groups (like ACLU)

Re: grandfathered option
 

There's so much confusion about the term. Grandfathering is not letting the permits expire. That's is phasing out the program. Just look up all the articles that list what options Trump has on DACA and none of them define grandfathering as in letting the permits expire, it calls it being able to renew indefinitely as Demise mentioned.

Re: grandfathered option
 

What are the chances of eDACA in this?

Re: grandfathered option
 

Exactly. Most people are getting confused. The letter by Paxton clearly states NO new applicants and NO renewals. Now maybe if Trump does act and allows some renewals maybe the AG's will drop their lawsuit since Trump acted. But in this case, unfortunately, grandfathered means to just let current EAD's expire.

Re: grandfathered option
 

Zero.

Re: grandfathered option
 

Troll

Re: grandfathered option
 

Well, at least if there is a grandfathered option, I'll have some young company while we walk our trail of tears. Maybe they can make me understand what the hell is the big deal about snap chat and Kendrick Lamar and his auto tune "music".