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 5:02 PM
Updated: Feb 26, 2018 5:02 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.

Indiana Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 77565

Reported Deaths: 3105
CountyConfirmedDeaths
Marion16304733
Lake7840283
Elkhart499287
Allen4103164
St. Joseph368183
Hamilton2941104
Vanderburgh208215
Hendricks1972109
Cass18099
Johnson1800119
Porter139139
Clark133350
Tippecanoe126312
Madison104866
LaPorte95730
Howard93865
Kosciusko87212
Bartholomew84447
Floyd83750
Marshall80123
Monroe77732
Delaware76852
Vigo75213
Dubois71812
Noble70829
Boone70446
Hancock69439
Jackson6065
Warrick60030
Shelby57228
LaGrange56910
Grant53230
Dearborn52228
Morgan49235
Henry46020
Clinton4564
Wayne40210
White38011
Montgomery36321
Lawrence35827
Harrison35524
Decatur34732
Putnam3288
Daviess28420
Miami2792
Scott27810
Jasper2592
Greene25634
Franklin24915
Gibson2434
DeKalb2424
Jennings23212
Ripley2208
Steuben2173
Fayette2057
Carroll2033
Perry18813
Posey1810
Starke1817
Orange17924
Wabash1795
Wells1782
Fulton1742
Jefferson1722
Knox1681
Whitley1606
Tipton15416
Sullivan1521
Washington1481
Clay1415
Spencer1393
Randolph1325
Huntington1303
Newton12110
Adams1202
Owen1101
Jay940
Rush914
Pulaski841
Fountain762
Brown752
Blackford662
Pike660
Ohio656
Benton630
Vermillion610
Parke591
Switzerland560
Martin500
Crawford480
Union410
Warren251
Unassigned0207

Ohio Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 105426

Reported Deaths: 3755
CountyConfirmedDeaths
Franklin19124533
Cuyahoga13999519
Hamilton9917260
Lucas5544324
Montgomery4544101
Summit3712224
Butler307064
Marion295245
Mahoning2644258
Pickaway240442
Stark1931142
Warren187739
Lorain186777
Columbiana169960
Trumbull1578111
Fairfield144933
Delaware137819
Licking136751
Clark121815
Lake115443
Wood110158
Clermont98111
Medina97736
Miami88139
Allen81746
Tuscarawas80114
Portage78063
Greene74212
Mercer66813
Belmont62826
Richland62612
Erie61928
Ashtabula58046
Madison58010
Wayne56759
Geauga56545
Ross5204
Darke42529
Huron4135
Hancock4103
Sandusky40717
Ottawa40527
Athens3642
Holmes3316
Lawrence3230
Auglaize2866
Union2771
Scioto2601
Muskingum2561
Seneca2424
Jefferson2403
Preble2192
Shelby2194
Knox2189
Putnam21517
Washington21222
Coshocton1999
Champaign1922
Morrow1852
Hardin18012
Crawford1775
Clinton1746
Highland1692
Logan1692
Perry1643
Fulton1581
Ashland1563
Defiance1554
Wyandot1559
Brown1502
Williams1393
Fayette1260
Henry1242
Hocking1229
Guernsey1217
Carroll1145
Monroe9418
Pike800
Gallia781
Jackson780
Van Wert732
Paulding720
Adams682
Meigs630
Vinton322
Morgan310
Harrison261
Noble190
Unassigned00
Fort Wayne
Overcast
72° wxIcon
Hi: 85° Lo: 64°
Feels Like: 72°
Angola
Clear
70° wxIcon
Hi: 86° Lo: 64°
Feels Like: 70°
Huntington
Broken Clouds
77° wxIcon
Hi: 85° Lo: 63°
Feels Like: 79°
Decatur
Overcast
77° wxIcon
Hi: 84° Lo: 64°
Feels Like: 79°
Van Wert
Overcast
77° wxIcon
Hi: 85° Lo: 64°
Feels Like: 79°
Weekend Storm Chances
WFFT Radar
WFFT Temperatures
WFFT National

Community Events