The U.S. Supreme Court dealt Donald Trump a serious setback today by declining to take up the administration’s appeal of a federal judge’s ruling that requires the government to keep the Deferred Action for Childhood Arrivals program going.
From NBC News:
Under a lower court order that remains in effect, the Department of Homeland Security must continue to accept renewal applications from the roughly 700,000 young people who are currently enrolled in the program, known as DACA. The administration had intended to shut the program down by March 5, but that deadline is now largely meaningless.
In a brief order, the court said simply, “It is assumed the court of appeals will act expeditiously to decide this case.”
Monday’s denial also gives Congress more time to come up with a legislative solution, though repeated bipartisan efforts have failed so far.
At a White House meeting with governors from around the coutry, President Donald Trump said after the court’s decision, “We’d like to help DACA” and criticized the lower court.
The Supreme Court’s denial Monday was expected, because the justices rarely accept appeals asking them to bypass the lower courts.
The DACA program allows children of illegal immigrants, known as “Dreamers,” to remain in the U.S. if they were under 16 when their parents brought them to the U.S. and if they arrived by 2007.
DACA status is given to those who pass a background check, have no prior illegal history and have stayed in school or have current employment. Each “dreamer” must renew their status every two years.
As Pete Williams of NBC News explains below this doesn’t mean the case can’t make it to SCOTUS, only that SCOTUS wants to see the case make it’s way through the regular course of appeals.
At this date, even if the Trump administration took the ruling to the 9th Circuit Court of Appeals, the case wouldn’t possibly be heard at SCOTUS until this fall at the earliest.
Of course, Congress could choose to act legislatively on the issue, but who knows if that will happen?
BREAKING: US Supreme Court declines to immediately take up DACA case, despite Trump admin. request. pic.twitter.com/9XYDvlIniF
— MSNBC (@MSNBC) February 26, 2018