Published:  

Department of Justice attorneys filed a writ of certiorari before judgment asking the Supreme Court to intervene in Deferred Action for Childhood Arrivals (DACA) cases before the U.S. Court of Appeals for the Second, Ninth and D.C. circuits. Lower court rulings are under review in those circuits declaring that President Trump’s DACA rescission “either is or likely is unlawful.”

The Department’s filing said, “Those [lower court] decisions are wrong and they warrant this court’s immediate review.” As support, the filing cited a 2015 order from the Fifth Circuit upholding a lower court injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and extended DACA program

Commenting on the filing, Attorney General Jeff Sessions said the Obama administration “started DACA without a mandate or even an authorization from Congress or the courts; this administration can therefore end DACA at any time…The Department of Justice should not have been forced to make this filing today—the Ninth Circuit should have acted expeditiously, just as the Supreme Court expected them to do—but we will not hesitate to defend the constitutional system of checks and balances vigorously and resolutely.”

In February 2018 the Administration asked the Supreme Court to consider an appeal of a district judge's injunction blocking DACA's termination but the Court refused saying, "It is assumed the [Ninth Circuit] court of appeals will act expeditiously to decide this case."

On October 17th the Administration told the Ninth Circuit that it would ask SCOTUS to intervene if a decision was not issued by Oct. 31. The court never responded.

Read more in the New York Law Journal.

Updated: Tue, Nov 6th 2018 @ 2:43pm EST