DOJ asks Supreme Court to review DACA ruling

The Justice Department formally asked the Supreme Court Thursday night to review a federal judge's ruling from last w...

Posted: Jan 19, 2018 10:37 AM
Updated: Jan 19, 2018 10:37 AM

The Justice Department formally asked the Supreme Court Thursday night to review a federal judge's ruling from last week that blocked the Trump administration's effort to end the Deferred Action for Childhood Arrivals program.

Solicitor General Noel Francisco argued in a court filing that the lower court ruling was "unprecedented." The administration asked the court to resolve the dispute this term, but did not ask justices to immediately halt the lower court order.

The move from the Trump administration comes as DACA is central to the debate over a possible government shutdown. Congressional Democrats are seeking to force action on a permanent solution for DACA and its 700,000 participants and possibly blocking a spending bill that would keep the government open past Friday night.

Earlier this week the administration warned that it planned to take the unusual step of asking for direct review from the Supreme Court, attempting to skip over the 9th Circuit Court of Appeals. Under normal circumstances, the Supreme Court disfavors parties from bypassing lower court proceedings and asking for direct review, but the Trump administration says the step is necessary.

"The district court has entered a nationwide injunction that requires (the Department of Homeland Security) to keep in place a policy of non-enforcement that no one contends is required by federal law and that DHS has determined is, in fact, unlawful and should be discontinued," Francisco wrote.

"The district court's unprecedented order requires the government to sanction indefinitely an ongoing violation of federal law being committed by nearly 700,000 aliens -- and, indeed, to confer on them affirmative benefits (including work authorization) -- pursuant to the DACA policy," he added.

At issue is a ruling by federal District Judge William Alsup who blocked the plan to end DACA and said the Trump administration must resume receiving DACA renewal applications.

In his 49-page ruling, Alsup said "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious" and must be set aside under the federal Administrative Procedures Act.

The judge said a nationwide injunction was "appropriate" because "our country has a strong interest in the uniform application of immigration law and policy."

"Plaintiffs have established injury that reaches beyond the geographical bounds of the Northern District of California. The problem affects every state and territory of the United States," he wrote.

Last Saturday the administration, citing Alsup's order, resumed accepting requests to renew a grant of deferred action under the program.

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 314509

Reported Deaths: 7247
CountyCasesDeaths
DeSoto21626259
Hinds20359415
Harrison17934309
Rankin13634278
Jackson13447246
Madison10099217
Lee9980174
Jones8381163
Forrest7683152
Lauderdale7191241
Lowndes6401147
Lamar623086
Lafayette6200118
Washington5339134
Bolivar4802132
Oktibbeha462798
Panola4588107
Pearl River4512146
Marshall4443103
Warren4393121
Pontotoc420772
Monroe4113133
Union411076
Neshoba4031176
Lincoln3968110
Hancock379386
Leflore3497125
Sunflower336090
Tate334084
Pike3325105
Scott315973
Alcorn313368
Yazoo311669
Itawamba300477
Copiah297065
Coahoma295479
Simpson295288
Tippah288768
Adams286882
Prentiss279760
Marion269280
Leake268373
Wayne262641
Grenada261487
Covington259681
George248048
Newton246861
Winston227281
Tishomingo226967
Jasper221148
Attala214473
Chickasaw207857
Holmes189173
Clay185454
Stone182833
Tallahatchie178841
Clarke178080
Calhoun170832
Yalobusha164338
Smith162434
Walthall133945
Greene130633
Lawrence128624
Montgomery126942
Noxubee126734
Perry126338
Amite123142
Carroll121829
Webster114532
Jefferson Davis107133
Tunica105726
Claiborne102430
Benton99525
Humphreys96733
Kemper95828
Franklin83823
Quitman80916
Choctaw76418
Wilkinson67331
Jefferson65728
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 532895

Reported Deaths: 11001
CountyCasesDeaths
Jefferson771431528
Mobile41089808
Madison34837505
Tuscaloosa25810454
Montgomery24355588
Shelby23730249
Baldwin21191309
Lee15892171
Calhoun14522316
Morgan14324279
Etowah13861353
Marshall12250223
Houston10581281
Elmore10060205
Limestone9986151
Cullman9705194
St. Clair9702243
Lauderdale9441242
DeKalb8846187
Talladega8255176
Walker7246277
Autauga6938108
Jackson6815112
Blount6694137
Colbert6310134
Coffee5524119
Dale4850111
Russell443238
Chilton4308112
Franklin426282
Covington4136118
Tallapoosa4039152
Escambia393977
Chambers3578123
Dallas3557152
Clarke351161
Marion3130101
Pike311377
Lawrence300798
Winston275673
Bibb261564
Geneva251477
Marengo249664
Pickens234761
Barbour231756
Hale223277
Butler216469
Fayette212562
Henry189044
Cherokee184745
Randolph181742
Monroe178040
Washington167639
Macon159950
Clay156857
Crenshaw152757
Cleburne149141
Lamar142935
Lowndes139053
Wilcox127130
Bullock122841
Conecuh110629
Coosa107928
Perry107826
Sumter104832
Greene92534
Choctaw61124
Out of AL00
Unassigned00
Tupelo
Clear
71° wxIcon
Hi: 75° Lo: 48°
Feels Like: 71°
Columbus
Clear
71° wxIcon
Hi: 76° Lo: 50°
Feels Like: 71°
Oxford
Clear
68° wxIcon
Hi: 73° Lo: 45°
Feels Like: 68°
Starkville
Clear
68° wxIcon
Hi: 74° Lo: 47°
Feels Like: 68°
Skies remain clear as we wrap up the work week, which will lead us into an excellent weekend in terms of weather. Low humidity will keep temperatures cool or chilly in the mornings and much warmer each afternoon. Humidity gradually returns later in the weekend and early next week.
WTVA Radar
WTVA Temperatures
WTVA Severe Weather