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: 468498

Reported Deaths: 9100
CountyCasesDeaths
Harrison31907468
Hinds30552569
DeSoto29532342
Jackson22868335
Rankin21016355
Lee14393214
Madison13961263
Jones13053215
Forrest12879231
Lauderdale11244292
Lowndes10148171
Lamar9972122
Pearl River8569208
Lafayette8008136
Hancock7110107
Oktibbeha6764117
Washington6756146
Neshoba6350200
Monroe6304156
Warren6267159
Panola6036122
Pontotoc599292
Bolivar5960143
Marshall5917115
Union558885
Pike5424133
Lincoln5192127
Alcorn509388
George454766
Scott447392
Leflore4377138
Tippah431780
Itawamba429192
Prentiss429074
Copiah423883
Simpson4238108
Wayne419663
Tate418999
Adams4174109
Yazoo411486
Sunflower4057104
Covington404891
Marion399699
Leake389784
Coahoma385996
Newton360273
Grenada3489100
Stone342657
Tishomingo320987
Attala318285
Jasper308261
Winston298191
Clay282672
Chickasaw277464
Clarke271784
Holmes257685
Calhoun256939
Smith241546
Yalobusha215447
Tallahatchie213849
Walthall203457
Lawrence202431
Greene202045
Perry195053
Amite191251
Webster191141
Noxubee173437
Montgomery168652
Jefferson Davis164041
Carroll158936
Tunica146533
Benton137531
Kemper136538
Claiborne124134
Choctaw123824
Humphreys122036
Franklin114127
Quitman100925
Wilkinson98335
Jefferson85832
Sharkey61620
Issaquena1916
Unassigned00

Alabama Coronavirus Cases

Cases: 757893

Reported Deaths: 12784
CountyCasesDeaths
Jefferson1082301712
Mobile694251158
Madison47738562
Baldwin35347420
Shelby34758281
Tuscaloosa32576495
Montgomery32249645
Lee21576200
Calhoun19621363
Morgan19061307
Etowah18363413
Marshall17028252
Houston15881337
St. Clair14724270
Limestone13908178
Elmore13812239
Cullman13756228
Lauderdale12909263
Talladega12124200
DeKalb11705220
Walker10047303
Autauga9371119
Blount9272146
Jackson8970132
Coffee8550150
Colbert8229160
Dale8162142
Escambia632298
Tallapoosa6255165
Covington6214153
Chilton6152128
Russell586753
Franklin558292
Chambers5155127
Dallas4569173
Marion4490114
Clarke447070
Pike439188
Geneva415999
Lawrence4002101
Winston399982
Bibb388975
Barbour334667
Marengo317778
Monroe306844
Butler305878
Pickens296166
Henry288550
Randolph288255
Hale282981
Cherokee275649
Fayette268569
Washington241844
Crenshaw226962
Clay219260
Macon211154
Cleburne205746
Lamar184638
Conecuh173337
Lowndes167856
Coosa160031
Wilcox153033
Bullock145642
Perry132430
Sumter122635
Greene117941
Choctaw71925
Out of AL00
Unassigned00
Tupelo
Cloudy
75° wxIcon
Hi: 82° Lo: 71°
Feels Like: 75°
Columbus
Cloudy
74° wxIcon
Hi: 78° Lo: 71°
Feels Like: 74°
Oxford
Cloudy
72° wxIcon
Hi: 79° Lo: 67°
Feels Like: 72°
Starkville
Cloudy
74° wxIcon
Hi: 80° Lo: 71°
Feels Like: 74°
Lots of tropical moisture leftover from Nicholas, along with some bits and pieces of low pressure will combine forces to give our area some good chances for some showers and thunderstorms over the next several days.
WTVA Radar
WTVA Temperatures
WTVA Severe Weather