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The Trump administration is asking the Supreme Court to preemptively intervene in the legal battle over its decision to terminate the Deferred Action program for Obama's arrival of children and decide whether this decision was lawful.
The prosecutor Noel Francisco filed a petition with the court on Monday asking the judges to hear their case and render an opinion before the courts of appeal of the second, ninth and the D.C ..
In February, the Supreme Court rejected the government's request to hear its appeal from a district court order requiring it to maintain the DACA program before the ninth circuit. The judges then stated that they presumed that the court of appeal would proceed expeditiously.
Francisco told the court on Monday "that this has not happened."
"Although the Court of Appeal has heard the pleadings of May 15, 2018, it has still not rendered its decision," he said.
"And if no one, including the defendants, argues that the legality of the DACA resolution will ultimately be resolved without the control of this Court, without the prompt intervention of this Court, there is little chance that the Court will resolve this matter. dispute for at least one year. "
The Department of Homeland Security announced in September 2017 that it was ending the program, which protects young people who were illegally brought into the country.
Francisco said the second New York-based circuit, the CC circuit and the ninth California-based circuit all have lower court rulings that conclude that the cancellation of DACA is probably illegal.
He said that these decisions are false.
The complainants in these cases argued that the Administration's decision had flouted the notification and rule-making requirements, was arbitrary and capricious and denied the so-called "dreamers", equal protection and due process.
But the government claims that the Department of Homeland Security concluded that DACA's policy was illegal and risked being invalidated by a separate lawsuit in several states led by Texas to challenge the politics of the era. Obama.
-Updated 19:20
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