January 16, 2018
DOJ to Take Rare Step to End DACA
The Justice Department on Tuesday said it would take the “rare step” of asking the Supreme Court to overturn a judge’s ruling and allow the Trump administration to dismantle a program that provides work permits to undocumented immigrants raised in the United States.
The Trump administration said it has appealed the judge’s injunction — which said the Obama-era program must continue for now — to the U.S. Court of Appeals for the 9th Circuit.
But the Justice Department will also petition the Supreme Court later this week to intervene in the case, an unusual action that would allow the government to bypass the 9th Circuit altogether in its bid to phase out the Deferred Action for Childhood Arrivals program starting in March.
“It defies both law and common sense” that a “single district court in San Francisco” had halted the administration’s plans, Attorney General Jeff Sessions said in a statement. “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.”
Last week, U.S. District Judge William Alsup in San Francisco issued a temporary injunction halting plans to end the program while a lawsuit challenging the Trump administration’s decision is pending.