Results 1 to 3 of 3
Thread Information
Users Browsing this Thread
There are currently 1 users browsing this thread. (0 members and 1 guests)
-
10-18-2018, 01:53 PM #1
Justice Department hopes for Supreme Court DACA ruling by spring
Justice Department hopes for Supreme Court DACA ruling by spring
The Trump administration moved to end the program — which protects young immigrants from deportation — a year ago, but federal courts have blocked that.
by Pete Williams / Oct. 18, 2018 / 8:53 AM PDT
Marlon Ruales, Dayana Arrue, Sofia Ruales, and Erica Ruales, all originally from Ecuador, watch Attorney General Jeff Sessions' remarks on ending DACA on a smartphone before a protest in New York last year.Drew Angerer / Getty Images file
WASHINGTON — The Justice Department said late Wednesday that it will soon ask the Supreme Court to rule on whether the government can shut down the DACA program, taking the case out of the hands of an appeals court if necessary.
Short for Deferred Action for Childhood Arrivals, DACA allows children of undocumented immigrants to remain in the U.S. if they were under 16 when their parents brought them to the U.S. and if they arrived by 2007. The Obama-era initiative has allowed 700,000 young people, known as "Dreamers," to avoid deportation.
The Trump administration moved to end the program a year ago, but federal courts have blocked that attempt. Following a brief hiatus, the government began accepting renewal applications from DACA participants, which must be filed every two years.
A federal court in San Francisco was the first to rule that the government acted illegally in trying to shut the program down. The government appealed that ruling to the 9th Circuit Court of Appeals, which heard oral arguments on May 15.
In a letter to the appeals court, Justice Department lawyer Mark Stern said if there's no ruling by Oct. 31, the government will ask the Supreme Court to take the case anyway.
"The district court's injunction has now been in place for more than nine months and, unless either this court or the Supreme Court promptly intervenes, it could remain in force for at least another year, given the Supreme Court's argument calendar,"
Stern wrote.
The Trump administration tried earlier this year to get the case before the Supreme Court while it was pending in the 9th Circuit. The justices refused that request in late February but said they assumed the appeals court would "proceed expeditiously to decide this case."
It normally takes at least two months to get a case to the Supreme Court, ready for the justices to consider whether to hear the appeal. But by mid-January, the court typically has filled up the argument calendar for the term, which ends in late June.
So as a practical matter, the government has a point that if the appeals court doesn't rule on the DACA issue until November or later, there would be little chance of getting the case on Supreme Court's docket in the current term.
However, the government could try to get the Supreme Court to take the case now anyway, even without telling the appeals court what it intended to do.
"I suspect they're doing this so that they can tell the Supreme Court, 'Well, we tried to get the appeals court to rule,'" said Steve Vladeck a law professor of the University of Texas at Austin and a former 9th Circuit clerk.
The Supreme Court rarely agrees to hear a case before the appeals court has ruled. But the government's chances might be better this time, given that the justices said they expected the case to move quickly.
Even so, the 9th Circuit takes an average of nearly 23 months to issue a final ruling, and only five months have elapsed since the DACA case was argued. A ruling by the end of the year might, in the 9th Circuit's time frame, be considered "expeditious."
Supporters of DACA have so far fared well in their legal fight to keep the program going. Courts in Washington and New York have also blocked the government from shutting it down. And in August, a federal judge in Texas declined a request from Texas and seven other states to order an immediate halt to the DACA program.
https://www.nbcnews.com/news/latino/...spring-n921686NO AMNESTY
Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.
Sign in and post comments here.
Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn
-
10-18-2018, 02:07 PM #2
TERMINATE DACA!
No renewals
No work permits
No path to stay
No amnesty #8
No line jumpers...get out and get in line like 2 BILLION people on the planet that want to come here!
DO NOT REWARD...DEPORT THE WHOLE FAMILY!ILLEGAL ALIENS HAVE "BROKEN" OUR IMMIGRATION SYSTEM
DO NOT REWARD THEM - DEPORT THEM ALL
-
11-08-2018, 02:56 PM #3NO AMNESTY
Don't reward the criminal actions of millions of illegal aliens by giving them citizenship.
Sign in and post comments here.
Please support our fight against illegal immigration by joining ALIPAC's email alerts here https://eepurl.com/cktGTn
Similar Threads
-
Trump DOJ Asks Supreme Court to overturn DACA ruling
By Judy in forum illegal immigration News Stories & ReportsReplies: 0Last Post: 01-19-2018, 12:36 AM -
The Justice Department Goes To The Supreme Court To Keep DACA Documents Secret
By lorrie in forum illegal immigration News Stories & ReportsReplies: 0Last Post: 12-01-2017, 09:43 PM -
Justice Department will ask Supreme Court to review court’s ruling on Trump travel ba
By Jean in forum illegal immigration News Stories & ReportsReplies: 0Last Post: 05-25-2017, 10:34 PM -
DACA Deportation: Obama loses Supreme Court Ruling on Executive Amnesty
By ALIPAC in forum illegal immigration AnnouncementsReplies: 3Last Post: 06-23-2016, 12:30 PM -
Supreme Court Justice Antonin Scalia, the longest-serving justice on the court, dies
By JohnDoe2 in forum General DiscussionReplies: 3Last Post: 02-23-2016, 08:49 PM
Michigan Republicans want to ban sanctuary cities after homicide
03-29-2024, 07:19 AM in illegal immigration News Stories & Reports