DOJ Will Seek Supreme Court Review on DACA

The Justice Department will try to bypass the liberal U.S. Court of Appeals for the 9th Circuit and asks the high court to allow closure of the Deferred Action for Childhood Arrivals program. Congress could also settle the issue.

The Justice Department will seek direct Supreme Court review of a judge’s ruling that blocked President Trump from shuttering a program that gave work permits and other protections to some people who entered the U.S. illegally as children, Politico reports. The administration is also appealing to the 9th U.S. Circuit Court of Appeals. The unusual tactic of petitioning the Supreme Court would make an end run around the lower court, which Trump has repeatedly criticized for liberal rulings. San Francisco-based U.S. District Court Judge William Alsup’s ruling required the administration to resume accepting renewal applications for the Obama-era Deferred Action for Childhood Arrivals program (DACA).

“It defies both law and common sense for DACA … to somehow be mandated nationwide by a single district court in San Francisco,” said Attorney General Jeff Sessions. “We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved.” Trump decided last year to end the program and call for a legislative fix instead. While a bipartisan group of lawmakers reached a deal to extend DACA protections, the White House has not signed off, and Trump’s rhetoric about immigration has made the talks more difficult. Even if the Supreme Court agrees to take up the case without an appeals court ruling, it could be months before the justices resolve the fight. Under the typical timeline, the matter would not be scheduled for argument until fall.