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DAP Forums > DREAM Act > The Lounge

Will they rescind our EADs right away if SCOTUS rules against us?

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#1
06-11-2018, 06:41 PM
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I mean I don't know much about laws but if it's ruled unconstitutional wouldn't that pretty much say our permits are not good anymore?

States could start suing to not give us licenses and things of that nature?
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#2
06-11-2018, 06:43 PM
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4n0nym0us
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Omg calm down.
I would be so fucked if that happens
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#3
06-11-2018, 06:44 PM
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Alby
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Quote:
Originally Posted by frbc13 View Post
I mean I don't know much about laws but if it's ruled unconstitutional wouldn't that pretty much say our permits are not good anymore?

States could start suing to not give us licenses and things of that nature?
Are you drunk again like last time?


They won’t rescind them right away. They’ll phase out.
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#4
06-11-2018, 06:44 PM
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nobody really knows.
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#5
06-11-2018, 06:49 PM
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Quote:
Originally Posted by libertarian1776 View Post
nobody really knows.
Boo!.
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#6
06-11-2018, 07:38 PM
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"Texas' lawsuit says that, although the court "has authority to immediately rescind and cancel all DACA permits currently in existence because they are unlawful," the states on the suit are only asking for the federal government to stop issuing new permits or renewing existing ones. "

https://www.google.com/amp/s/amp.usa.../amp/570982002

Cool I guess
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#7
06-11-2018, 07:44 PM
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Quote:
Originally Posted by Alby View Post
Are you drunk again like last time?


They won’t rescind them right away. They’ll phase out.
It depends. Full & immediate rescinding doesn't seem quite likely because Hanen is just a District Court Judge (5th district). District Court Judges in the 9th, 2nd, and DC Circuit have ruled to various degrees that DACA can stay enacted pending future lawsuits.

I don't see the 2nd, 9th, and DC Circuits staying their own decision, so DACA is likely to remain in effect there.

However, Hanen is a total shithead so he could order an immediate partial cancellation of everyone in his district (5th district). This is called a circuit split and... they sometimes happen. The only court that can resolve splits is the Supreme Court.

If Hanen does order immediate cancellation, then interested parties can appeal to SCOTUS and SCOTUS can stay his decision pending the outcome of the suit in the 5th District Court of Appeals -- SCOTUS is not likely to take up the lawsuit until it bubbles up through the appeals court. Or... SCOTUS can just do nothing and wait for the issue to come to them through the appeals court normally (ie: Hanen's decision to cancel DACA in the 5th district will remain in force)...

There's probably less than a 1% chance of Hanen agreeing with the other district courts. He's one of the most notorious, anti-immigration judges on the federal bench right now. He's literally argued that mothers of children should be prosecuted for smuggling their children into the country.

Anyway - if you live in Texas, buckle up. It's about to get interesting extra fast.
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#8
06-11-2018, 11:39 PM
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Not going to happen. At a minimum there'll be a grace period, and afterwards you still won't be priority for deportation.
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