The justices refused to take up the Trump administration’s appeal of a lower court order issued on January 9, that requires the administration to continue accepting renewal applications for the Deferred Action for Childhood Arrivals program, or DACA.
The White House challenged a nationwide injunction imposed by San Francisco-based U.S. District Judge William Alsup, who said the lawyers in favor of DACA clearly demonstrated that the young immigrants “were likely to suffer serious, irreparable harm” without court action.
Trump has been trying to rescind the program that has been of great benefit to immigrant children, known as “Dreamers,” implemented by President Obama in 2012.
Under President Trump, the protections were due to run out in March. DACA has been at the heart of a fight between Democrats and Republicans over how to reshape immigration.
The White House can appeal today’s decision to a federal appeals court and the case could still wind up before the Supreme Court, but the earliest the court would hear the appeal would be in 2019. But as Market Watch points out, when it comes down to the bottom line, today’s ruling has dealt a blow to the administration.
Under the Deferred Action for Childhood Arrivals (DACA) program, roughly 700,000 young adults, mostly Hispanics, are protected from deportation and given work permits for two-year periods, after which they must re-apply.
What made the appeal so unusual was the administration’s move to bypass the Federal Appeals Court in San Francisco and go directly to the U.S. Supreme Court. However, since last month, a judge in New York has also ruled in favor of immigrants in challenging the end of DACA.
Department of Justice spokesman Devin O’Malley, in a statement, said, the DOJ says they will continue to defend “DHS’ lawful authority to wind down DACA in an orderly manner.
“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 added.
