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.