DOJ asks Supreme Court to review DACA ruling

Posted January 22, 2018

The Court's agreement to hear the government's new appeal came one day before the first anniversary of the Trump presidency.

The presidential order was the first version of the Administration's effort to cut back on immigration on the argument that this was necessary to protect America from foreign terrorists.

The justices' decision to hear the case follows a series of lower court rulings against the, which is meant to block citizens of countries deemed security risks from entering the United States. But even if courts did have the power to weigh in, the government continued, it would be too soon for them to do so: Any challenges to the termination of DACA can only happen after the government orders the individual challengers to leave the country.

The Supreme Court also took up the second version of the ban, but the high court dropped the case after Trump signed the latest order.

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The order granting review did not specify when the case would be scheduled for a hearing before the Justices, but the government has suggested that the hearing should be held in April - the last scheduled set of hearings of the Court's current term.

In September, the Trump administration announced the end of the DACA program, which allowed undocumented immigrants who arrived as children to legally work in the U.S. The DOJ then gave DACA recipients through March 5 to re-apply for another two years.

The high court agreed to assess the bid to impose a variety of travel restrictions for nationals of Chad, Iran, Libya, Syria, Yemen and Somalia, along with North Korea and Venezuela. Hawaii has argued that the ban also discriminates on the basis of religion.

In a remarkable filing, the Department of Justice (DOJ) formally asked the Supreme Court to overturn a federal judge's order requiring the Trump administration to continue administering the Deferred Action for Childhood Arrivals (DACA) program.

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Detractors say the order amounts to a ban on Muslims, citing his anti-Muslim campaign record and the fact that each of the seven initial countries on the ban list were Muslim majority.

The latest ban was introduced on September 24 after what Francisco called an "extensive, worldwide review" to determine which foreign governments provide information required by the United States to vet those seeking entry.

Solicitor General Noel Francisco said in court papers that the policy is well within the president's "broad authority to suspend or restrict the entry of aliens outside the United States when he deems it in the Nation's interest". But both sides urged the Supreme Court to consider both the statutory and constitutional questions if it agreed to hear the case. The justices did not explain their brief order.

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