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US Supreme Court Refuses to Hear Govt Appeal Against DACA

March 01, 2018 20:56·
DREAMers Given Critical Reprieve by the Courts tweet

DREAMers Given Critical Reprieve by the Courts tweet

The Supreme Court's decision for now to stay out of the case on the Barack Obama-era Deferred Action for Childhood Arrivals program was expected by many. Then, in early January, U.S. District Judge William Alsup in San Francisco ordered the government to keep the DACA program running until legal challenges could be fully aired, ruling that Trump's order had been based on a "flawed legal premise".

President Donald Trump set a deadline of March 5 for Congress to address the fate of hundreds of thousands of people brought to the USA illegally as children, but the Supreme Court just gave everyone more time.

A setback in the Supreme Court for the Trump administration is good news, at least for now, for DACA recipients.

The program has provided work permits and protection from deportation for about 800,000 young people who came to the U.S.as children and stayed illegally. "However, it is important that we take swift action so that Congress can work with the administration on finding a political resolution for the DACA program and ensure that immigrants continue to be contributing members in our communities". "And they opened it up and said we are going to flood this country with illegal immigrants with this bill". "In denying the request to hear the California case, the Supreme Court has allowed our clients to have their day in court".

Trump expressed frustration with the DACA decision by judges Monday but was optimistic he would win in the end. A few weeks ago, a NY federal judge issued a similar injunction.

Trump's administration went directly to the Supreme Court to try to get those rulings overturned, skipping a federal court of appeals. The government had asked the Supreme Court to hear its appeal before the Ninth Circuit Court of Appeal had weighed in-an extraordinary request typically granted only in the midst of national emergency. Chris Coons, D-Delaware, and John McCain, R-Arizona, to provide a path to citizenship for the 1.8 million young people in exchange for increased border security measures, plus funding for additional immigration judges, received 52 votes in favor, 47 against, well short of the 60 needed for passage. I'd say chances are that the Supremes ultimately uphold Trump's authority to set aside DACA, and I'd be willing to bet that when that happens, the media won't give it as much attention as the decision that so excited them yesterday.

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Has Congress stepped up to offer any guidance out of this legal standoff which has left the lives of scores of Dreamers hanging in the balance?

On the one hand, it will likely allow immigrants known as "Dreamers" to keep renewing their protections from deportation through the DACA program.

Congress hasn't been able to come up with a legislative solution that the president finds acceptable, leaving these DREAMers with a lot questions that don't have any immediate or easy answers.

The administration argued Obama exceeded his powers under the Constitution when he bypassed Congress and created DACA. This class-action lawsuit was filed by the ACLU and the American Civil Liberties Union of Southern California on behalf of several young immigrants whose DACA was unlawfully revoked by the Trump Administration, according to the plaintiffs.

"You know, we tried to get it moved quickly because we'd like to help DACA". That means it's nearly certain that the Supreme Court won't hear a DACA case until sometime this fall, and likely won't rule until sometime next year.

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