DC: The Trump administration returned to the U.S. Supreme Court Monday night seeking to end the Deferred Action for Childhood Arrivals (DACA) program, an Obama-era amnesty initiative that extends protected status to illegal aliens brought to the U.S. as children.
The move is aggressive and unusual, as decisions on Trump’s efforts to rescind DACA are still pending in several federal appeals courts, and the justices seldom take up cases before those judgments issue. But the U.S. Department of Justice told the Supreme Court Monday that action is needed in the near term.
The Trump administration previously sought the Supreme Court’s review of its efforts to phase out DACA. After two federal judges issued injunctions requiring the government to continue administering the program, the Justice Department bypassed normal appellate procedure and went directly to the Supreme Court on Jan. 18 to vindicate its right to terminate the program.
The justices rejected that request on Feb. 26, but asked the 9th U.S. Circuit Court of Appeals to quickly process the case so it could return to the high court in a reasonable timeframe. Other challenges to DACA repeal efforts are currently before appeals courts in New York and Washington, D.C.
“It is assumed that the Court of Appeals will proceed expeditiously to decide this case,” the Supreme Court’s February order read. No decision has since come from the circuit courts. read more
I still don’t see why Trump can’t over-ride an obama EO with his own. Why is obamas law and Trumps isn’t ?
A great game of chess. Instead of pulling a President Andrew Jackson move President Trump puts the courts in a corner. If the Supreme Court recognizes the statutes the deal is done. If they don’t then let Andrew Jackson’s plan play out. (the Judiciary has neither the finances or resources to enforce their decisions). Either way the Executive Branch wins.