Justice Dept., Fighting to Kill DACA, Asks for Supreme Court Review

Supreme Court won't take case of ex-NY assembly speaker

The Department of Justice will appeal directly to the Supreme Court after a federal judge in California ordered the Trump administration to maintain the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era amnesty policy that extends legal status to 800,000 illegal aliens who arrived in the U.S.as children. Alsup also rejected the administration's request to dismiss the lawsuits.

"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.

The central legal question surrounding the latest DACA episode is whether the President of the United States can issue an executive memo to cancel what a previous president established in the same fashion. Trump has urged Congress to pass a bill that would put the immigrants on permanent legal footing in the United States, though the White House has demanded significant concessions in return, including border wall funding and less family-based immigration.

The DOJ said Tuesday that it intends to appeal Alsup's order to the Ninth Circuit, a traditionally liberal judicial panel.

The case is Regents of the Univ. of Calif. v. U.S. Dept. of Homeland Security.

"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", said Sessions.

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The administration is challenging a January 9 decision by San Francisco-based US District Judge William Alsup, who ruled that DACA must remain in place while the litigation is resolved. He tweeted "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and nearly always wins before being reversed by higher courts". He branded one a "so-called judge" after the first version of his nation-specific travel ban was ruled unconstitutional.

It should be no surprise that this judge's federal court district sits within the San Francisco Autonomous Region, which is in turn part of the People's Democratic Republic of California, both of which only purport to remain an integral part of the United States of America.

But U.S. Citizenship and Immigration Services said it will otherwise restore DACA as it was on September 5, before Mr. Trump decided on a six-month phaseout, saying the program was illegal. It includes many college-age residents.

President Trump said the DACA talks are "probably dead" due to democrats' insistence illegal immigrants must stay in the country.

Efforts in Congress to reach a deal to protect DACA recipients appear to have gotten more complicated in the wake of 's use of a vulgarity during a meeting with lawmakers last week to discuss an immigration proposal.

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