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DAP Forums > DREAM Act > The News Room

DACA case to be argued at the Supreme Court on November 12 - Page 6

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#51
07-09-2019, 02:32 PM
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Quote:
Originally Posted by Ianus View Post
The Supreme Court taking the case is not good, we know that. However, misinformation is rife and tensions high, be sensitive to that everyone.
Why do you think it is not good?
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#52
07-09-2019, 02:44 PM
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Quote:
Originally Posted by fl_dreamer View Post
Why do you think it is not good?
There is not guarantee relief will be given if DACA goes down.
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#53
07-09-2019, 03:50 PM
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There's is no relief. SC is taking on if APA was followed for DACA.

If it was followed, then the courts can decide on how DACA ends. Most likely they'll let DACA expire (no more renewals) but they can go as far as saying everyone's DACA is no longer valid.

If it wasn't followed, then the Trump administration could just follow the APA and end DACA. In this case, the Trump administration will decide on how DACA ends just like SC.

So at the end of the day, all paths leads to DACA ending. The only thing the Courts did was delay this inevitable ending where dems have control of the house now. June 2020 is still many months away from Jan. 2021 where the tables can turn again but because the courts intervened, most people will have EADs that expire after Jan. 2021. If SC or the Trump administration doesn't go the extreme route of nullifying all EADs, then the DACA issue can still be addressed after Jan 2021.
Last edited by cmeow; 07-09-2019 at 03:59 PM..
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#54
07-09-2019, 04:02 PM
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Quote:
Originally Posted by cmeow View Post
There's is no relief. SC is taking on if APA was followed for DACA.

If it was followed, then the courts can decide on how DACA ends. Most likely they'll let DACA expire (no more renewals) but they can go as far as saying everyone's DACA is no longer valid.

If it wasn't followed, then the Trump administration could just follow the APA and end DACA. In this case, the Trump administration will decide on how DACA ends just like SC.

So at the end of the day, all paths leads to DACA ending. The only thing the Courts did was delay this inevitable ending where dems have control of the house now. June 2020 is still many months away from Jan. 2021 where the tables can turn again but because the courts intervened, most people will have EADs that expire after Jan. 2021. If SC or the Trump administration doesn't go the extreme route of nullifying all EADs, then the DACA issue can still be addressed after Jan 2021.
Is there a possibility the legality of DACA will be addressed also?
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#55
07-09-2019, 04:07 PM
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Is there a possibility the legality of DACA will be addressed also?
No, Cmeow is absolutely correct in their analysis. This is why I said all of it ends with the court, just under a different technical.
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#56
07-09-2019, 04:10 PM
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No, Cmeow is absolutely correct in their analysis. This is why I said all of it ends with the court, just under a different technical.
Well the Constotutionality of DACA can be challenged however. I believe DACA is legal in its current form.
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#57
07-09-2019, 04:12 PM
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Quote:
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Well the Constotutionality of DACA can be challenged however. I believe DACA is legal in its current form.
I think the SC is only looking at if the APA was correctly followed for DACA, not if it's constitutional or not. I could be wrong though.
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#58
07-09-2019, 04:14 PM
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I think the SC is only looking at if the APA was correctly followed for DACA, not if it's constitutional or not. I could be wrong though.
You're absolutely correct.
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#59
07-09-2019, 04:29 PM
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I think the SC is only looking at if the APA was correctly followed for DACA, not if it's constitutional or not. I could be wrong though.
Yes, I was referring to, if say a Dem. president reinstates DACA, then it could be challenged again on constitutionality.

And I said that in my opinion, DACA would survive under such scenario.
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#60
07-09-2019, 05:05 PM
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Both republicans and Dems agreed there needs to be permanent resolution for this. Really hoping 2020 brings good news but it also election year and we all know how that goes.
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