Justice Department asks Supreme Court to move quickly on DACA

Ariane de Vogue, Wed May 29, 2019

Washington (CNN) — A frustrated Trump administration is asking the Supreme Court to say by the end of next month if it will hear arguments on whether it can wind down the Deferred Action for Childhood Arrivals program, an Obama-era program that protects young undocumented immigrants who came to the United States as children from deportation.

Such action could mean the court hears oral arguments and issues a decision in the middle of the 2020 presidential election.

As things stand, lower courts have ruled against the administration's attempts to rescind the program and issued a nationwide injunction that keeps it on the books, and the Supreme Court has not acted upon a longstanding request from the Justice Department to take up the issue.

The justices' inaction suggests that some of them believe the issue should percolate in the lower courts before Supreme Court review.

"Twenty months ago, DHS determined, in accordance with the views of the Attorney General that DACA, a discretionary policy of immigration non-enforcement, was unlawful, ill-advised, and should be discontinued," Solicitor General Noel Francisco argued in briefs filed last week after the 4th US Circuit Court of Appeals became the latest court to rule against the program.
In a 2-1 ruling issued earlier this month, the appeals court held that the Trump administration's decision to rescind the program was "arbitrary and capricious" under federal law in part because the Department of Homeland Security "failed to give a reasoned explanation" for the change in policy.
Francisco said that a nationwide injunction blocking the rescission of the program continues "to impede efforts to enact legislation" that would address "legitimate policy concerns" and that petitions filed in November 2018 with the Supreme Court have not been acted upon.

"The government respectfully submits that further percolation is unnecessary and the time for the Court to act is now," Francisco wrote.

In a motion to expedite, Francisco told the justices it was "critical" that they act before their summer recess to allow the parties time to file briefs in the matter for arguments next term.

The Supreme Court will consider the motion behind closed doors on Thursday.

Attorney General Bill Barr lamented earlier in the month that "nationwide injunctions have frustrated presidential policy for most of the President's term with no clear end in

In a speech before the American Law Institute in Washington, DC, Barr noted that the Supreme Court has not acted on the requests "and they languish on the conference docket".
"Unless the court acts quickly and decisively, we are unlikely to see a decision before mid 2020 at the earliest -- that is, right before the next election," Barr said.

@cristianafarias: “The Trump administration has asked #SCOTUS to reverse a Fourth Circuit decision holding that Trump’s wind-down of #DACA was unlawful.

This won’t be acted on for a while, so I’d expect the future of the program to remain up in the air for a quite a bit.”

“@SirCharles94: “Months? Years? How long would you estimate? Also if the SC does take up the case, would renewals stop then or is it up to the court?”

@cristianafarias: “Hard to say the specific timing, as there are other cases bubbling under that may delay what the justices do. If they do take up the case, #DACA will stay in place until they decide it — which could come as late as June 2020.”

With Brett Kavanaugh we don’t stand a chance. I’m glad DACA still on it’s last leg, most of my fellow dreamers want for the Supreme Court to end daca for good. Once it’s gone we will be forgotten, we will just be a talking point, a political strategy nothing more.

Which is fucking disgusting to be honest, here is DACA literally on life support and these MAGA wanna be daddy trump loving asshole think with DACA actually ruled unconstitutional, the republicans will come to their rescue

Why can't they just leave us the hell alone?

You never know Brett has sided with liberals in a few cases

Ending DACA under Trump presidency is too dangerous imo. An unnecessary risk we don't need right now. Not worth it.

Ideally, that should happen when a president other than Trump is in the WH. By then, and hopefully, congress can put their shit together and pass legislation to prevent DACAers going back into the shadows should SCOTUS rule against it. So many possibilities as long as Trump is not president.

I'm not at all convinced that they wouldn't use our information against us nor am I convinced any longer hat legislation would pass to help us.

But girl, we aren’t going back to the shadows quietly. They can detain our bodies but not our souls.

But my soul is inside my body.

Y’all need to calm the fuck down. We will be fine. It’s going to get ugly, But in the end it’s going to be a big fat patch solution Of some sort. A 6-12 months legislative extension or some bullshits like that