DOJ Appeals Judge's Ruling Stopping Trump From Ending DACA

17 January, 2018, 03:04 | Author: Kim Reid
  • Trump administration will ask Supreme Court to cancel DACA decision 1712018

The Trump administration is apparently so sure that a federal court it deems to be liberal will rule against it on DACA that it's taking the unusual step of simultaneously appealing to the Supreme Court.

In a rare move, the department is asking the Supreme Court to review the decision in an attempt to end DACA.

Attorneys for the U.S. Department of Justice said in a court filing that they were appealing the January 9 ruling by a federal judge preventing President from ending the Deferred Action for Childhood Arrivals program.

The DOJ has appealed a lower court's decision in The Regents of the University of California and Janet Napolitano v. U.S. Department of Homeland Security and Elaine Duke, to the 9th Circuit Court of Appeals and will ask the U.S. Supreme Court take up the case directly. Both he and the attorney general have repeatedly called on Congress to come up with a solution to the status of DACA recipients.

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The Department of Justice has appealed a federal court's decision over the Deferred Action for Childhood Arrivals program, the agency announced Tuesday. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on September 5, 2017.

The White House and lawmakers in Congress are at odds over whether protections for dreamers should be accompanied by crackdowns on other types of immigration.

The declaration may give Democrats the political opportunity to back away from their unpopular threat to shut down the federal government's 2018 budget unless the GOP Congress and President Donald Trump provide citizenship to at least 3.25 million illegals - and also to millions of chain-migration relatives. Alsup also rejected the administration's request to dismiss the lawsuits.

The program, also known as DACA, provides protections and work permits to individuals who entered the USA illegally as children.

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However, the judge said federal officials could deny those individuals the right to return to the United States if they travel overseas.

Alsup's order does not require the administration to process new applicants for the program.

Trump's decision to end the program previous year led to a call for a legislative fix.

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