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