BREAKING NEWS Athens City Schools terminates contract with superintendent on leave during FBI investigation Full Story

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 4:02 PM
Updated: Feb 26, 2018 4:02 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.

Click to Submit Photo

 

 

Huntsville
Clear
69° wxIcon
Hi: 82° Lo: 65°
Feels Like: 69°
Florence
Clear
73° wxIcon
Hi: 83° Lo: 66°
Feels Like: 73°
Fayetteville
Clear
68° wxIcon
Hi: 84° Lo: 65°
Feels Like: 68°
Decatur
Clear
69° wxIcon
Hi: 83° Lo: 64°
Feels Like: 69°
Scottsboro
Scattered Clouds
66° wxIcon
Hi: 81° Lo: 64°
Feels Like: 66°
WAAY Radar
WAAY WAAY-TV Cam
WAAY Temperatures

Alabama Coronavirus Cases

Confirmed Cases: 154942

Reported Deaths: 2660
CountyConfirmedDeaths
Jefferson22720374
Mobile14405314
Tuscaloosa10066137
Montgomery9820196
Madison907894
Shelby715361
Lee646165
Baldwin644369
Marshall431048
Calhoun416059
Etowah412249
Morgan400033
Houston365532
DeKalb325428
Elmore312852
St. Clair283842
Limestone273630
Walker269993
Talladega259135
Cullman231024
Lauderdale212540
Jackson205515
Autauga202130
Franklin201731
Colbert193330
Russell19053
Blount187325
Dallas186027
Chilton182632
Escambia171428
Coffee16829
Covington166629
Dale163851
Chambers133043
Pike131313
Tallapoosa129587
Clarke127317
Marion105029
Butler99840
Barbour9969
Marengo98222
Winston90613
Geneva8447
Lawrence81131
Pickens81117
Randolph80514
Bibb80114
Hale74830
Cherokee72314
Clay72212
Lowndes70228
Henry6386
Bullock63717
Monroe63610
Washington62312
Crenshaw59830
Perry5816
Wilcox55912
Fayette55713
Conecuh55613
Cleburne5327
Macon53020
Sumter46821
Lamar4595
Choctaw38712
Greene34016
Coosa1993
Out of AL00
Unassigned00

Tennessee Coronavirus Cases

Confirmed Cases: 235861

Reported Deaths: 2970
CountyConfirmedDeaths
Shelby34739553
Davidson30155328
Knox1208187
Hamilton11289104
Rutherford11165107
Williamson670751
Sumner5715107
Wilson445553
Putnam423054
Montgomery393351
Out of TN376135
Unassigned37554
Madison366579
Bradley344722
Sullivan332146
Sevier322421
Washington318244
Blount317032
Maury311236
Robertson251040
Hamblen236543
Tipton223522
Gibson207838
Dyer207126
Hardeman180432
Coffee178320
Trousdale17447
Obion166420
Bedford160620
Anderson159613
Fayette159622
Dickson159119
Greene157551
Wayne15697
Loudon156610
McMinn154232
Cumberland153624
Lawrence150518
Jefferson148320
Weakley145325
Carter143932
Monroe138227
Henderson137325
Warren136810
Lauderdale134517
Hardin133619
Macon126924
Franklin123416
Roane12247
Haywood120026
Overton115211
White112214
Hawkins111724
Johnson11157
Carroll110724
McNairy109626
Marshall10638
Rhea105916
Bledsoe9944
Cheatham98211
Lake9763
Smith95412
Cocke95212
Giles91134
Campbell8997
Fentress8698
Lincoln8302
Crockett80221
Henry75310
Hickman74513
Chester71514
Marion7159
DeKalb68616
Decatur64511
Grainger5464
Grundy52510
Union5142
Claiborne5066
Polk47613
Jackson4225
Humphreys4194
Morgan4167
Benton3969
Houston39215
Cannon3902
Clay37913
Unicoi3732
Lewis3582
Scott3444
Sequatchie3304
Stewart3128
Meigs2975
Perry2531
Pickett2505
Moore2492
Van Buren1951
Hancock1123

Community Events