Trump Administration Appeals Court's DACA Ruling

The U.S. Justice Department on Tuesday announced its appeal of a federal district court judge's decision to block the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program. Further, the agency also intends to take the "rare step" of petitioning the Supreme Court to intervene in the case, an unusual action that would allow the government to bypass a 9th Circuit Court ruling and rule on the merits of the case so the issue can be "resolved quickly and fairly for all the parties involved."

Last week, U.S. District Judge William Alsup in San Francisco issued a temporary injunction halting plans to end the program while a lawsuit challenging the Trump administration's decision goes forward. Judge Alsup ordered the government to resume renewing DACA and work authorizations for the 690,000 previous beneficiaries who held that status when the Trump administration announced the end of the program on September 5.

Homeland Security officials on Saturday confirmed that they would comply with the court order and resume accepting DACA renewal and work permit applications according to "the terms in place before [the program] was rescinded."

In a statement Tuesday, Attorney General Jeff Sessions questioned the legality of Judge Alsup's ruling.

"It defies both law and common sense for DACA—an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidated the similar DAPA policy—to somehow be mandated nationwide by a single district court in San Francisco," he said, referring to Deferred Action for Parents of Americans.

The Justice Department's appeal comes as Congressional leaders work to strike a deal to protect those affected by President Trump's decision to end DACA before a March 5 deadline when existing DACA permits would begin to expire.


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