The U.S. Supreme Court has declined to hear a case involving the Trump administration’s repeal of the Deferred Action for Childhood Arrivals program, and on Monday rejected an appeal from the Justice Department to review a lower court decision that put an injunction on the government’s attempt to end DACA.
The ruling means any possible Supreme Court review will have to come after the federal appeals court weighs in, instead of immediately as the Trump administration requested.
It also means the administration’s March 5 deadline for ending the DACA program is less meaningful, as the lower court injunction will stand for now as the case continues.
The Justice Department sought a Supreme Court review after a federal district court in California ruled against President Trump’s attempt to rescind the program, which protects immigrants brought to the U.S. illegally as children from the threat of deportation and grants them work permits. Judge William Alsup ordered the administration to begin accepting renewal applications from those participating in DACA.
In a rare move, the Department of Justice appealed to the high court in the case, Department of Homeland Security v. the Regents of University of California, bypassing the 9th U.S. Circuit Court of Appeals and expediting review of the lower court’s decision. The Justice Department admitted it’s request was a rare one, and said it would keep defending its right to repeal DACA in court.
“While we were hopeful for a different outcome, the Supreme Court very rarely grants certiorari before judgment, though in our view it was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA,” Justice Department spokesman Devin O’Malley said in a statement. “We will continue to defend DHS’ lawful authority to wind down DACA in an orderly manner.”
The Trump administration announced in September it would end the DACA program by March 5, setting up a six-month deadline for Congress to come with a legislative solution addressing Dreamers.
Lawmakers are working on an immigration deal, though one hasn’t yet been struck, and Congress isn’t expected to pass a bill in time for Trump’s deadline next week.
The Trump administration was dealt another blow this month when a second federal judge, this one in New York, blocked the administration’s attempt the end DACA.
In an amended order, Judge Nicholas Garaufis required the Trump administration to continue processing DACA renewal requests.
