Supreme Court Rejects the Trump Administration’s Request to Bypass Court of Appeals. Dreamers May Continue to Renew Their Cases.

On Monday, February 26, 2018, the Supreme Court declined to entertain the Trump Administration’s request to circumvent the Ninth Circuit Court of Appeals and to intervene in the DACA (Deferred Action for Childhood Arrivals) litigation.  The Trump Administration had digressed from the usual practice of seeking an appeal to the next highest court and instead requested that the US Supreme Court rule against the lower California lower federal court’s injunction of the termination of DACA.  In denying the request, the US Supreme Court stated, “It is assumed that the court of appeals will proceed expeditiously to decide this case.”

In January 2018, the federal court ordered a nationwide injunction blocking the administration’s termination of DACA outright in March 2018.  This ruling allowed DACA recipients to continue to renew their status and work authorization, although it did not allow for new Dreamer applicants to file for protection against deportation under DACA.  Currently, there are approximately 800,000 Dreamers who are protected against removal and may receive employment authorization.  However, DACA does not provide a path to legal permanent residency (green card).  President Obama created the program, alleging his authority as the head of the Executive Branch to use his discretion in enforcing immigration laws, because of the unwillingness and inability of Congress to enact legislation to protect children brought to the country illegally or who overstayed a visa.  Trump alleges that Obama exceed his executive powers.

My office will continue to provide updates on the status of the DACA legislation.