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The Department of Justice has again asked the Supreme Court to intervene in pending cases concerning the future of DACA, or deferred action program for children, the program of the Obama era that protects immigrants brought illegally to the United States while they were children.
The program prevents about 700,000 young people from being deported, notes NPR's Joel Rose. At the present time, DACA accepts renewals but not new applicants. If this were to end, the people currently protected could be deported, although the speed with which this can happen is unclear.
More than a year ago, the Trump administration announced that it was ending the program. Several judges blocked this change and three cases resulted in federal appeal courts.
But the Trump administration is asking the Supreme Court to engage in the process – and to intervene before the lower courts are over.
In a document dated Tuesday, the ministry said that letting business continue to follow the normal appeal process would result in an "untenable and unnecessary" delay in the administration's efforts to eliminate the policy. .
This is not the first time the federal government has made this request.
In early January, after a federal judge in California blocked the plans of the administration, the Justice Department demanded direct control of the Supreme Court. In a statement, the ministry called this a "rare step".
But the Supreme Court rejected this request. The court said it thought that the lower court would "proceed quickly to rule on this case".
Ten months later, the Justice Department said that this was not happening, arguing that, without the intervention of the Supreme Court, "there is little chance that the Court will resolve this dispute for at least one year. year, "he argues.
The stumbling block is a lawsuit filed by the Regents of the University of California, the governing board of the university system. The case is currently before the US Court of Appeals 9th Circuit, which is widely regarded as a court with a liberal tendency. The pleadings took place in May and no decision has yet been rendered.
In this case – as in other legal actions on this issue – the plaintiffs say that the White House acted "capriciously and arbitrarily" by ending DACA. Instead of providing a policy explanation for the withdrawal of DACA, the Trump administration says the program was still illegal.
The Department of Justice maintains this position and has vigorously defended the power of the President to end DACA.
"The latest administration created DACA without a warrant, or even without congressional or court authorization, so this administration can terminate DACA at any time," said Attorney General Jeff Sessions in a statement Monday. "That's what we did, and it was the legal thing to do."
Jeffrey Davidson, a lawyer representing the Regents of the University of California in the case, said in a statement that the case should "be considered normally".
"This is the second time the Trump administration has tried to shorten the normal appeal process by asking the Supreme Court to conduct a review before any appeal court decisions," Davidson said. "The irregularity of the government's procedural choices reflects the irregularity of the government's cancellation of the DACA itself."
In the meantime, it should be noted that the status of DACA beneficiaries could also be resolved by congressional law – but in recent years, Congress has had a notoriously difficult period to act on immigration issues.
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