DOJ to Appeal DACA Ruling: 'It Defies Both Law and Common Sense'

Frederick Owens
January 18, 2018

The Department of Justice says it is appealing the recent federal court decision blocking president Trump's end to DACA. Alsup's order does not require the agency to accept new applications, however.

Attorney General Jeff Sessions said lawyers from his office will ask the Supreme Court later this week to take up the case.

When Alsup ruled against him, Trump said the ruling "just shows everyone how broken and unfair our Court System is" when opponents of his actions often file suit against them in western USA courts "and nearly always win before being reversed by higher courts".

As Sessions noted, it is rare to ask the Supreme Court to step in before the lower courts have completed their work.

Even if the high court agrees to take up the case, it is unlikely to rule until its next term, which starts in October and runs until June 2019.

Vikas Singh, also president of the Supreme Court Bar Association, rebutted Prashant Bhushan's request seeking an in-house probe into the CJI's actions.

The fate of DACA recipients is at the heart of a legislative dispute on Capitol Hill that could result in a government shutdown later this week.

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Trump ordered an end to the Obama-era program in September, calling it an "amnesty-first approach". If Donald Trump wants to change the law, he shouldn't break the law. Normally, the appeal from that ruling would be heard by the ultra-liberal U.S. Court of Appeals for the Ninth Circuit. Maine, Maryland, Minnesota, the University of California system, the city of San Jose, Santa Clara County, Service Employees International Union Local 521, and individual DACA recipients, or Dreamers, also sued to stop the rollback.

Meanwhile, Congress is in a heated debate over what to do about DACA.

The DACA program protects immigrants who illegally entered the children from deportation.

Congress has until January 19 to decide whether they want to pass the clean Dream Act or risk a government shutdown, according to Democratic lawmakers who have said they will not support any government spending bill unless the fate of DACA recipients is secured.

"I think, honestly, you're going to see by the end of the day more Republicans stepping forward and saying they don't agree with President Trump's views on immigration", Durbin predicted.

"I come from undocumented parents, and I know how hard it is to make a living for myself and my siblings because I have lived through it with them". "They need to do it now".

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