Author Topic: Government asks justices to expedite new petition on DACA  (Read 852 times)

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Online Elderberry

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Government asks justices to expedite new petition on DACA
« on: May 30, 2019, 02:28:01 am »
SCOTUSblog by Amy Howe 5/29/2019

Late last year, the federal government asked the Supreme Court to wade into the dispute over the Trump administration’s September 2017 decision to end the program known as “Deferred Action for Childhood Arrivals” (DACA), which allows undocumented immigrants who were brought to the United States as children to apply for protection from deportation. The government filed three petitions asking the justices to review decisions by lower courts that blocked the government from terminating the DACA program. In each petition, U.S. solicitor general Noel Francisco asked the Supreme Court to consider two related questions: whether the Trump administration’s decision to end the DACA program is something that courts can review at all, or whether it is instead the kind of decision left to administrative agencies; and whether, even if courts can review the decision to end DACA, that decision violated federal laws governing administrative actions.

But the justices did not act on the cases at that time; instead, they apparently put them on hold, without relisting them for a vote at any conferences since then.

Last week the government filed a fourth DACA petition, presenting the same questions, that it hopes will finally spur the justices to act. This time, the government is asking the justices to review a ruling by the U.S. Court of Appeals for the 4th Circuit, which concluded earlier this month that the Trump administration’s decision to end the DACA program was unlawful.

More: https://www.scotusblog.com/2019/05/government-asks-justices-to-expedite-new-petition-on-daca/#more-286369

Offline Maj. Bill Martin

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Re: Government asks justices to expedite new petition on DACA
« Reply #1 on: May 30, 2019, 05:03:03 pm »
SCOTUSblog by Amy Howe 5/29/2019

Late last year, the federal government asked the Supreme Court to wade into the dispute over the Trump administration’s September 2017 decision to end the program known as “Deferred Action for Childhood Arrivals” (DACA), which allows undocumented immigrants who were brought to the United States as children to apply for protection from deportation. The government filed three petitions asking the justices to review decisions by lower courts that blocked the government from terminating the DACA program. In each petition, U.S. solicitor general Noel Francisco asked the Supreme Court to consider two related questions: whether the Trump administration’s decision to end the DACA program is something that courts can review at all, or whether it is instead the kind of decision left to administrative agencies; and whether, even if courts can review the decision to end DACA, that decision violated federal laws governing administrative actions.

But the justices did not act on the cases at that time; instead, they apparently put them on hold, without relisting them for a vote at any conferences since then.

Last week the government filed a fourth DACA petition, presenting the same questions, that it hopes will finally spur the justices to act. This time, the government is asking the justices to review a ruling by the U.S. Court of Appeals for the 4th Circuit, which concluded earlier this month that the Trump administration’s decision to end the DACA program was unlawful.

More: https://www.scotusblog.com/2019/05/government-asks-justices-to-expedite-new-petition-on-daca/#more-286369

Does anyone remember what happened to all those state lawsuits that challenged DACA directly?  I recall them being dropped for some reason, but can't remember the details.

Online Elderberry

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Re: Government asks justices to expedite new petition on DACA
« Reply #2 on: May 30, 2019, 11:45:11 pm »
Does anyone remember what happened to all those state lawsuits that challenged DACA directly?  I recall them being dropped for some reason, but can't remember the details.
@Maj. Bill Martin
Status of Current DACA Litigation

Last updated FEBRUARY 7, 2019

https://www.nilc.org/issues/daca/status-current-daca-litigation/

Quote
On May 1, 2018, Texas and six other states filed a lawsuit in the U.S. District Court for the Southern District of Texas challenging the 2012 DACA program itself. On May 2, the plaintiffs asked the court to issue a preliminary injunction that would stop USCIS from adjudicating applications for deferred action under DACA while the lawsuit is pending. After an August 8, 2018, hearing in Houston, Tex., on whether to grant a preliminary injunction, the court denied the plaintiff states’ request, concluding that such an injunction would not be in the public’s interest. As a result, it continues to be the case that individuals who have or have previously had DACA can apply to renew it.

Offline Maj. Bill Martin

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Re: Government asks justices to expedite new petition on DACA
« Reply #3 on: May 31, 2019, 02:25:48 pm »
@Maj. Bill Martin
Status of Current DACA Litigation

Last updated FEBRUARY 7, 2019

https://www.nilc.org/issues/daca/status-current-daca-litigation/

Thanks.

I think what I was remembering was that there was supposed to be a case filed in 2017 by those same states, but they didn't do it because of Trump's Order ending DACA.  So it was after other judge's stepped in to stop Trump's order that those states decided to file again.

They should have just filed the case in 2017 anyway, though.