[FredZarguna]

If you make a due process argument [and as I've said, I think you can] I believe the US persons covered by the Executive Amnesty constitute a "suspect classification," which is not ordinarily decided on a rational basis test.

Make a rational basis argument for me if you have the time or inclination. I'd like to hear it.

[SgtHooper]

Agree that it would not likely have any chance to fall under rational basis, the only way we have a good chance of winning. Anything else would lean heavily to strict scrutiny, even with intermediate arguments, where’d we most likely lose.