As the Trump administration-imposed March 5 deadline looms, Congress is scrambling to make a decision to enact legislation to replace the Obama-era Deferred Action for Childhood Arrivals program. However, those on Capitol Hill may have just gotten some breathing room. According to The Hill, the Supreme Court has denied the administration's request that it review ending DACA before the 9th Circuit Court of Appeals finishes its review.
As you likely remember, the Supreme Court usually only hears cases that have worked their way up the justice system; however, the Trump administration hoped to have the highest court hear its case against DACA before the lower 9th Court finished up its proceedings. This would have led to a more rapid resolution to the DACA saga.
It is possible the Supreme Court could hear the case after the lower appeals court has ruled on the case, however. But as things stand now, Trump's progress has come to a temporary halt.
The DACA program allows children who entered the U.S. illegally, with their parents, to continue to work and attend school in the country. A White House spokesperson recently called the program “clearly unlawful,” but its supporters call the mass deportation of hundreds of thousands of people, who know no other country besides the United States, deeply immoral.
Although Trump has ordered an end to DACA, his suspension of the rule will not take effect until the court rules that Obama's original order was unconstitutional. Because the courts are keeping the program alive, White House deputy press secretary Raj Shah responded to the news, claiming the judicial branch is interfering with the legislative branch:
“The district judge’s decision unilaterally to re-impose a program that Congress had explicitly and repeatedly rejected is a usurpation of legislative authority,” Shah said. “The fact that this occurs at a time when elected representatives in Congress are actively debating this policy only underscores that the district judge has unwisely intervened in the legislative process."
Supreme Court litigator Andrew Pincus said he expects the appeals court to make a decision in June or July, at the earliest.
“DACA is a lawful and important program that protects young people who came to this country as children and who know this country as their only home,” said Theodore Boutrous, Jr., who represents six DACA recipients in the case along with California Attorney General Xavier Becerra (D).
“The Dreamers have relied on DACA to make decisions about their education, jobs, and families and to make valuable contributions to society as doctors, lawyers, teachers, and members of the military.”
Shah maintained, however, that the courts will ultimately back the executive branch.
“We look forward to having this case expeditiously heard by the appeals court and, if necessary, the Supreme Court, where we fully expect to prevail,” Shah said.
