Supreme Court Won't Hear DACA Case Yet
- Author: Leroy Wright Mar 02, 2018,
Mar 02, 2018, 22:37
"By denying the Department of Justice's request to hear the California case, the Supreme Court has rightly allowed our clients, along with several others who brought legal challenges of the determination in DACA, to have their day in court", Hincapié said. Solicitor General Noel Francisco, the government's Supreme Court lawyer, argued the case required the tribunal's urgent attention, as Alsup's decision "requires the government to sanction indefinitely an ongoing violation of federal law being committed by almost 700,000 aliens". Some current recipients are also likely to temporarily lose their work authorization and deportation relief as they await approval of their renewal applications, which typically takes months.
"In my view, the momentum for a permanent fix for Dreamers came to a halt with the failure of the various proposals in the U.S. Senate two weeks ago", Vela said.
Beyond the 700,000 young people who've had their lives thrown off course by the dismantling of the program, there are about a million more young people who are eligible who never had a chance to apply for DACA at all.
Andrew Pincus, a Supreme Court litigator and partner at Mayer Brown, a Washington, D.C. -based law firm, said the earliest a decision could be expected from the appeals courts would be in June or July.
"You know, we tried to get it moved quickly, because we'd like to help DACA". However, he said, "I think this place works better with deadlines, and we want to operate on deadlines". It has been almost 30 years since the Supreme Court granted review of a district judge's ruling before an appeals court could weigh in.
The program provides immigrants brought to the country illegally as children, also known as Dreamers, with temporary status and a pathway to citizenship.
As I have stated repeatedly since before last September, providing those with DACA status a clear path for the future - to complete their education and build their careers - is indeed a wise decision for California and our nation.
It was set to expire next week under an order signed by President Donald Trump in September aimed at forcing Congress to address the issue. U.S. District Judge Nicholas Garaufis in Brooklyn acted in a lawsuit brought by plaintiffs including a group of states led by NY.
Instead of challenging that decision in a federal court of appeal, however, the Trump administration appealed directly to the Supreme Court. A White House spokesman noted the two federal judges intervened just as Trump and Congress were negotiating a deal on DACA and immigration.
Trump expressed frustration with the DACA decision by judges Monday but was optimistic he would win in the end.
Department of Justice officials had asked the justices to bypass the 9th U.S. Circuit Court of Appeals, which will now hear the Trump administration's request that Alsup's decision be overruled. If the 9th Circuit declines to do so, the government may then petition the Supreme Court.
"Because they want for us what they did not have - the opportunity to get a college education and a career that they want, and to be successful", Marmolejo said. "It's a victory for the rule of law and it's a victory for our economy".
The judge ruled Monday after hearing arguments in Los Angeles.
He didn't seem to hold out much hope of winning at the 9th Circuit, criticizing the liberal-leaning court by saying "nothing's as bad as the 9th Circuit". In a statement, the administration said that it expects to come out victorious on the issue of getting rid of the program, even if it requires ultimately taking the case to the Supreme Court.