Politics

The Supreme Court Just Made An Announcement About DACA

Alex Wong/Getty Images

Daily Caller News Foundation logo
Kevin Daley Supreme Court correspondent
Font Size:

The Supreme Court will decide whether President Donald Trump can rescind the Deferred Action for Childhood Arrivals (DACA) program during its next term, the justices announced Friday.

DACA is an Obama-era amnesty initiative that extends temporary legal status to 700,000 foreign nationals who came to the U.S. as children.

The Department of Homeland Security first took steps to terminate DACA in September 2017. Federal trial judges subsequently entered injunctions requiring that Trump maintain the program while litigation continued.

The first of those orders came from U.S. District Judge William Alsup in California, who said the government’s action was based on a flawed legal premise and therefore “arbitrary, capricious, an abuse of discretion, [and] otherwise not in accordance with law.” That premise — that only Congress, not the executive, could authorize a program like DACA — conflicts with precedent and the Department of Justice’s past-stated views, Alsup said.

Shortly after those injunctions issued, the Trump administration took the unusual step of bypassing the federal appeals courts and asking the Supreme Court to intervene immediately.

The high court rejected that request, prompting a new round of litigation in the appellate courts. The government returned to the Supreme Court beginning in November 2018 with another request to take on the DACA dispute.

The justices were poised to decide whether to hear those cases in January, but no action came. As the delay approached its fifth month, the Trump administration filed yet another petition, this time asking the justices to consider the matter on an accelerated schedule. The Court rebuffed that request without explanation June 3. The long period of inaction on the DACA petitions baffled even seasoned court-watchers.

The Court’s apprehension may in part be related to the 35-day government shutdown that ran from December 2018 to January 2019. In a bid to reopen the government, the president proposed a grand bargain on immigration that included a three-year extension of DACA. Such a deal would “moot” the disputes before the high court.

President Donald Trump greets members of the Supreme Court after the State of the Union address on February 5, 2019. (Alex Wong/Getty Images)

President Donald Trump greets members of the Supreme Court after the State of the Union address on February 5, 2019. (Alex Wong/Getty Images)

The Justice Department told the high court in legal filings the DACA injunctions require “the government to preserve a policy that affirmatively sanctions the ongoing violation of federal law by 700,00 aliens who have no lawful immigration status and no right to the policy’s continuation.”

“Absent this Court’s intervention, the government will be required to maintain the policy nationwide for years after DHS and the attorney general determined that it should end,” the Department added.

Elsewhere in court filings, the Justice Department said Supreme Court review is needed because the DACA injunctions create a conflict within federal law. While some courts ordered Trump to keep DACA, others struck down a companion initiative called Deferred Action for Parents of Americans (DAPA), which would have given legal status to unlawful aliens whose children are citizens or permanent residents.

The DACA and DAPA disputes present similar legal issues. The justices often hear cases in which multiple courts disagree about the same question of law.

The Supreme Court adjourned for the summer Thursday.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

PREMIUM ARTICLE: Subscribe To Keep Reading

Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!

Sign Up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
Sign up

By subscribing you agree to our Terms of Use

You're signed up!
BENEFITS READERS PASS PATRIOTS FOUNDERS
Daily and Breaking Newsletters
Daily Caller Shows
Ad Free Experience
Exclusive Articles
Custom Newsletters
Editor Daily Rundown
Behind The Scenes Coverage
Award Winning Documentaries
Patriot War Room
Patriot Live Chat
Exclusive Events
Gold Membership Card
Tucker Mug

What does Founders Club include?

Tucker Mug and Membership Card
Founders

Readers,

Instead of sucking up to the political and corporate powers that dominate America, The Daily Caller is fighting for you — our readers. We humbly ask you to consider joining us in this fight.

Now that millions of readers are rejecting the increasingly biased and even corrupt corporate media and joining us daily, there are powerful forces lined up to stop us: the old guard of the news media hopes to marginalize us; the big corporate ad agencies want to deprive us of revenue and put us out of business; senators threaten to have our reporters arrested for asking simple questions; the big tech platforms want to limit our ability to communicate with you; and the political party establishments feel threatened by our independence.

We don't complain -- we can't stand complainers -- but we do call it how we see it. We have a fight on our hands, and it's intense. We need your help to smash through the big tech, big media and big government blockade.

We're the insurgent outsiders for a reason: our deep-dive investigations hold the powerful to account. Our original videos undermine their narratives on a daily basis. Even our insistence on having fun infuriates them -- because we won’t bend the knee to political correctness.

One reason we stand apart is because we are not afraid to say we love America. We love her with every fiber of our being, and we think she's worth saving from today’s craziness.

Help us save her.

A second reason we stand out is the sheer number of honest responsible reporters we have helped train. We have trained so many solid reporters that they now hold prominent positions at publications across the political spectrum. Hear a rare reasonable voice at a place like CNN? There’s a good chance they were trained at Daily Caller. Same goes for the numerous Daily Caller alumni dominating the news coverage at outlets such as Fox News, Newsmax, Daily Wire and many others.

Simply put, America needs solid reporters fighting to tell the truth or we will never have honest elections or a fair system. We are working tirelessly to make that happen and we are making a difference.

Since 2010, The Daily Caller has grown immensely. We're in the halls of Congress. We're in the Oval Office. And we're in up to 20 million homes every single month. That's 20 million Americans like you who are impossible to ignore.

We can overcome the forces lined up against all of us. This is an important mission but we can’t do it unless you — the everyday Americans forgotten by the establishment — have our back.

Please consider becoming a Daily Caller Patriot today, and help us keep doing work that holds politicians, corporations and other leaders accountable. Help us thumb our noses at political correctness. Help us train a new generation of news reporters who will actually tell the truth. And help us remind Americans everywhere that there are millions of us who remain clear-eyed about our country's greatness.

In return for membership, Daily Caller Patriots will be able to read The Daily Caller without any of the ads that we have long used to support our mission. We know the ads drive you crazy. They drive us crazy too. But we need revenue to keep the fight going. If you join us, we will cut out the ads for you and put every Lincoln-headed cent we earn into amplifying our voice, training even more solid reporters, and giving you the ad-free experience and lightning fast website you deserve.

Patriots will also be eligible for Patriots Only content, newsletters, chats and live events with our reporters and editors. It's simple: welcome us into your lives, and we'll welcome you into ours.

We can save America together.

Become a Daily Caller Patriot today.

Signature

Neil Patel