Supreme Court won't hear Trump bid to end DACA program

The Supreme Court said on Monday that it will stay out of the dispute concerning the Deferred Action for Childhood Ar...

Posted: Feb 26, 2018 10:01 AM
Updated: Feb 26, 2018 2:02 PM

The Supreme Court said on Monday that it will stay out of the dispute concerning the Deferred Action for Childhood Arrivals program for now, meaning the Trump administration may not be able to end the program March 5 as planned.

The move will also lessen pressure on Congress to act on a permanent solution for DACA and its roughly 700,000 participants -- undocumented immigrants who came to the US as children.

Lawmakers had often cited the March 5 deadline as their own deadline for action. But the Senate failed to advance any bill during a debate earlier this month, and no bipartisan measure has emerged since.

Originally, the Trump administration had terminated DACA but allowed a six-month grace period for anyone with status expiring in that window to renew. After that date, March 5, any DACA recipient whose status expired would no longer be able to receive protections.

Monday's action by the court, submitted without comment from the justices, is not a ruling on the merits of the DACA program or the Trump administration's effort to end it.

At issue is a ruling by federal District Judge William Alsup of the US District Court for the Northern District of California, who blocked the plan to end DACA and held that the Trump administration must resume accepting renewal applications. The action means the case will continue going through the lower courts.

Alsup said a nationwide injunction was "appropriate" because "our country has a strong interest in the uniform application of immigration law and policy."

"Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States," he wrote.

The 9th US Circuit Court of Appeals has generally allowed nationwide injunctions against the Trump administration actions from lower court judges under this President to stand, meaning the DACA program could be spared a year or more until the Supreme Court could take up the case in next year's term, given the likely realities of the calendar.

The White House said it was disappointed in the ruling.

"The DACA program -- which provides work permits and myriad government benefits to illegal immigrants en masse -- is clearly unlawful," said spokesman Raj Shah. "The district judge's decision to unilaterally re-impose a program that Congress had explicitly and repeatedly rejected is a usurpation of legislative authority. The fact that this occurs at a time when elected representatives in Congress are actively debating this policy only underscores that the district judge has unwisely intervened in the legislative process."

New York Attorney General Eric Schneiderman, one of the 17 challenging Trump's move to end DACA, called the ruling a "win," but added "it also does not change the fact that we need a permanent solution to preserve DACA and protect Dreamers."

Justice Department spokesman Devin O'Malley said the administration's appeal to the Supreme Court was an uphill climb, given it came before the 9th Circuit ruled.

"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," O'Malley said. "We will continue to defend DHS's lawful authority to wind down DACA in an orderly manner."

University of Texas professor law and CNN legal analyst Stephen Vladeck said justices normally don't weigh in at this stage.

"The justices have not granted such a request since 2004, but the government claimed that the urgency of settling the legal status of DACA, and the potential for nationwide confusion, justified such an extraordinary measure," Vladeck said.

Oregon Coronavirus Cases

Data is updated nightly.

Cases: 154878

Reported Deaths: 2206
CountyCasesDeaths
Multnomah31824528
Washington21099212
Marion18373285
Clackamas13328175
Lane10200126
Jackson8315111
Umatilla763982
Deschutes593459
Yamhill376764
Linn357756
Malheur334458
Polk303942
Klamath278455
Douglas244754
Josephine232849
Benton232516
Jefferson195128
Coos144019
Union128119
Columbia124821
Wasco122026
Lincoln112820
Hood River106429
Morrow104614
Clatsop7756
Crook77518
Baker6507
Curry4246
Tillamook4142
Lake3746
Harney2736
Grant2221
Wallowa1424
Gilliam531
Sherman530
Wheeler221
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 3559311

Reported Deaths: 51794
CountyCasesDeaths
Los Angeles118923221241
Riverside2894503767
San Bernardino2860772783
Orange2607213982
San Diego2589823260
Santa Clara1102371777
Kern102627811
Fresno950151422
Sacramento929611464
Alameda802791241
Ventura77395834
San Joaquin665691082
Contra Costa62164674
Stanislaus55887946
Tulare47784746
Monterey42138327
San Mateo38872515
San Francisco34138398
Santa Barbara31763407
Solano30024164
Merced28915395
Sonoma28004298
Imperial26855589
Kings21951218
Placer19763232
San Luis Obispo19612227
Madera15414209
Santa Cruz14588183
Marin13136197
Yolo12787185
Shasta10969174
Butte10922160
El Dorado9095100
Napa899869
Sutter884597
San Benito575259
Yuba573336
Lassen560119
Tehama508152
Tuolumne394659
Nevada394074
Mendocino379643
Amador344841
Humboldt318033
Lake314140
Glenn221923
Colusa212813
Calaveras190547
Siskiyou174014
Inyo128736
Mono12114
Del Norte9875
Plumas6536
Modoc4524
Mariposa3957
Trinity3675
Sierra990
Alpine810
Unassigned00
Medford
Mostly Cloudy
44° wxIcon
Hi: 47° Lo: 36°
Feels Like: 40°
Brookings
Partly Cloudy
49° wxIcon
Hi: 51° Lo: 33°
Feels Like: 49°
Medford
Mostly Cloudy
44° wxIcon
Hi: 28° Lo: 13°
Feels Like: 40°
Medford
Cloudy
44° wxIcon
Hi: 48° Lo: 35°
Feels Like: 40°
Klamath Falls
Partly Cloudy
37° wxIcon
Hi: 38° Lo: 25°
Feels Like: 25°
Drying out and warming up
KDRV Radar
KDRV Fire Danger
KDRV Weather Cam

Community Events