aside Supreme Court Declines President’s Request For Expedited Hearing On DACA/ Dreamers Have Reprieve

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JUDGE ALSUP

The US Supreme Court has again refused to be a tool for the republican President Donald Trump’s penchant for wanting to trample on “rule of law” or the standard way to proceed in an appeal process. So, for awhile the DACA program for Dreamers is till in force.

Here is the rest of the story…

On February 26, 2018, Lawrence Hurley of Reuters penned the following report, “Supreme Court rejects Trump over ‘Dreamers’ immigrants”

“The U.S. Supreme Court on Monday (2/26/18) dealt a setback to President Donald Trump, requiring his administration to maintain protections he has sought to end for hundreds of thousands of immigrants brought illegally into the United States as children.”

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SAN FRANCISCO COURT OF APPEALS

“The justices refused to hear the administration’s appeal of a federal judge’s Jan. 9 injunction that halted Trump’s move to rescind a program that benefits immigrants known as “Dreamers” implemented in 2012 by his Democratic predecessor, Barack Obama. Under Trump’s action, the protections were due to start phasing out beginning in March.”

“In a brief order, the justices did not explain their reasoning, but said the appeal was “denied without prejudice,” indicating they will maintain an open mind on the underlying legal issue still being considered by a lower court. The high court also said it expects that appeals court to “proceed expeditiously to decide this case.”

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Under the Deferred Action for Childhood Arrivals (DACA) program, roughly 700,000 young adult, mostly Hispanics, are granted protect from deportation and given work permits for two-year periods, after which they must re-apply. A total of about 1.8 million people are eligible for the program, a sizable fraction of the more than 11 million immigrants living in the United States illegally.”

“Trump’s administration had appealed a Jan. 9 nationwide injunction by San Francisco-based U.S. District Judge William Alsup, who ruled that the DACA program must remain in place while the litigation is resolved.”

“The administration had challenged a nationwide injunction by San Francisco-based U.S. District Judge William Alsup, who ruled that DACA must remain in place while the litigation is resolved.”

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“In an unusual move, the administration appealed directly to the Supreme Court instead of going first to a federal appeals court.”

“Alsup ruled that the challengers, including the states of California, Maine, Maryland and Minnesota and Obama’s former homeland security secretary Janet Napolitano, were likely to succeed in arguing that the administration’s decision to end DACA was arbitrary.”

Justice Department spokesman Devin O‘Malley said in a statement that the administration will continue to defend the Department of Homeland Security’s “lawful authority to wind down DACA in an orderly manner.”

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“O‘Malley said that “while we were hopeful for a different outcome,” the high court rarely agrees to take up cases before a lower court has ruled, “though in our view it was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA.”

“The DACA dispute is the second major case the Supreme Court will hear in the coming months arising from Trump’s immigration policies. The justices are due to hear arguments in April on the legality of his latest travel ban order barring entry to people from several Muslim-majority nations.”

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“Trump’s move to rescind DACA prompted legal challenges by Democratic state attorneys general and various organizations and individuals in multiple federal courts. His administration argued that Obama exceeded his powers under the Constitution when he bypassed Congress and created DACA.”

“On Feb. 13, a second U.S. judge issued a similar injunction ordering the Trump administration to keep DACA in place. U.S. District Judge Nicholas Garaufis in Brooklyn acted in a lawsuit brought by plaintiffs including a group of states led by New York.”

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“Alsup and Garaufis did not say that the administration could not at some point end the program, only that there was evidence it did not follow the correct procedures in doing so.”

 “The rulings allow those who had previously applied for protections and whose two-year status was soon to expire to apply beyond the deadline set by the administration in September.”

“The original plan put on hold by the court rulings said that only those who re-applied by October and whose status was due to expire by March 5 could re-apply.”

“The administration is not processing new applications.”

8 comments

    • Dear Crustyolemothman,

      Thanks for the reference. I read the entire article. I also believe that Mr. Mueller is very interested in the Trump Tower meeting around June 2016 and for good reason. I bet his interest was piqued with the presence of the money man.

      Hugs, Gronda

    • Dear 1EarthUnited,

      Thank you for the reference. This shortage of labor is a real concern for the business community.The Koch brothers who rarely side with Democrats, do so on his issue. They are going to be running some advertisements for DACA recipients just for this reason.

      Hugs, Gronda

  1. Gronda, I think a key part of this is a rebuke of the President for not following process. But, I think they recognize that if DACA expires it would be a huge disruption to the states. What is lost on the President and now my former party is immigration is a accretive to the economy. But, just as important, the action to let DACA expire is a cold-hearted move that many church leaders are struggling with. Keith

    • Dear Keith,

      Even the White Evangelicals who support President Trump, part company with him on this one. They are backing a fix on DACA for the Dreamers. So is the business community. The Koch brothers are even funding some ads in favor of fixing DACA. The Koch brothers are making it clear that they don’t want cut backs on legal immigration.

      Hugs, Gronda

  2. I feel so sad for those people who depend on DACA. The heartless politicians who want to send all those young people to countries they won’t fit into anymore have twisted consciences if indeed they have consciences at all. 😦 — Suzanne

    • Dear Suzanne,

      This is indeed heart wrenching reality for our dreamers.

      The only group stopping/ barring a fix are the Xenophobes in the White House and in the US congress. This includes the president’s Chief of Staff John Kelly, advisors Stephen Miller, Gene Hamilton.

      This time the business community and his Evangelical base are in favor of helping the Dreamers. The vast majority of Americans want these young peoples helped.

      But I see the president doing the same dance that he has done with the DACA issue in the past and that he is currently doing with the gun control issue.

      Hugs, Gronda

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