Federal government returns to Supreme Court on DACA termination

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The Justice Department appealed that decision to the U.S. Court of Appeals for the 9th Circuit, but it also asked the Supreme Court to weigh in even before the 9th Circuit ruled - a procedure known as "cert before judgment".

Cases challenging the administration's attempts to end protections for undocumented immigrants who were brought to the United States as children are now pending before the Second, Ninth, and D.C. Circuit Court of Appeals.

The decision [PDF] removes one piece of a jigsaw of legal cases working their way through the law courts that challenge both the 2015 rules - introduced during the Obama Administration under FCC chair Tom Wheeler - and the more recent 2018 rules - introduced during the Trump Administration by FCC chair Ajit Pai. The other two cases are not as far along: The federal government filed its notice of appeal from the decision against it in the U.S. District Court for the District of Columbia in August, while oral argument has been scheduled in the U.S. Court of Appeals for the 2nd Circuit for January 2019.

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Earlier this year, the Trump administration similarly attempted to jump the line and appeal to the Supreme Court after another lower court ordered that DACA resume.

It takes four of the nine justices to agree to hear a case. As a result of the failed case, the previous DC Circuit court ruling made back in 2016 will stand. "Todays decision is not an indication of the Courts views on the merits but simply reflects the fact that there was nothing left for the Court to rule on". The goal was to protect from deportation undocumented immigrants who were brought to the country as children, but many Republicans called it executive overreach and have remained opposed to the program.

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Additional challenges to DACA are winding their way through appeals courts in NY and the District of Columbia following district court rulings against Trump's plan to end the program.

The Trump administration has argued that Obama exceeded his constitutional powers when he bypassed Congress and created DACA, which offers protections to roughly 700,000 young adults, mostly Hispanics.

"Absent prompt intervention from this court, there is little chance the court would resolve this dispute for at least another year", Francisco wrote in a letter to the Supreme Court. Those are the orders that the Administration has now asked the Justices to overturn.

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Instead, the Supreme Court declined to do so. His work has appeared here since mid-2011.

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