Supreme Court will meet behind closed doors Friday on DACA

The Supreme Court will meet behind closed doors Friday to decide whether to take up a lower court opinion that tempor...

Posted: Feb 16, 2018 12:15 PM
Updated: Feb 16, 2018 12:15 PM

The Supreme Court will meet behind closed doors Friday to decide whether to take up a lower court opinion that temporarily blocked President Donald Trump's effort to end the Deferred Action for Childhood Arrivals immigration program.

The Justice Department is taking the rare step of asking the Supreme Court to review the opinion -- issued by a San Francisco-based judge -- even before a federal appeals court has had a chance to weigh in.

Under normal circumstances, the Supreme Court disfavors parties from bypassing lower court proceedings and asking for direct review.

What's next for DACA? 'Don't know'

"The court hasn't granted cert before judgment since 2004, and it hasn't done so without a circuit-level ruling on the question presented since 1988, " said professor Stephen Vladeck of the University of Texas School of Law, a CNN contributor.

At issue is a ruling by federal District Judge William Alsup of the US District Court for the Northern District of California, who blocked the plan to end DACA and held that the Trump administration must resume accepting DACA renewal applications.

The issue before the court was not the legality of the program, but how the Department of Justice went about terminating it. Challengers argue that the rescission was "arbitrary and capricious" in violation of the Administrative Procedure Act.

After Alsup's ruling, Trump made clear his disdain for the 9th US Circuit Court of Appeals, the federal appeals court that has jurisdiction over Alsup's court. The President tweeted, "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts."

The federal appeals court based in San Francisco has ruled against various versions of Trump's travel ban and is considered a more liberal court.

The fate of DACA and its roughly 700,000 participants is the subject of heated negotiations in Washington, where Trump, congressional Republicans and Democrats are searching for a way to allow the young undocumented immigrants to stay in the country while also addressing border security concerns.

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 Procedure 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.

Citing Alsup's order, the government resumed accepting requests to renew grants of deferred deportation action under the program.

Earlier this week, another federal judge in a separate change also temporarily blocked the termination of the program for renewals.

In court papers, Solicitor General Noel Francisco called Alsup's nationwide injunction "unprecedented." He said the ruling keeps in place a "policy that no one contends is required by federal law and that DHS has determined is, in fact, unlawful and should be discontinued."

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 313166

Reported Deaths: 7228
CountyCasesDeaths
DeSoto21496257
Hinds20294414
Harrison17814309
Rankin13573278
Jackson13411246
Madison10066217
Lee9962173
Jones8364163
Forrest7649152
Lauderdale7181240
Lowndes6370145
Lamar621686
Lafayette6171118
Washington5323133
Bolivar4797132
Oktibbeha461498
Panola4561105
Pearl River4499145
Marshall4397103
Warren4380121
Pontotoc419572
Monroe4100133
Union409076
Neshoba4026176
Lincoln3950110
Hancock377786
Leflore3487125
Sunflower335790
Tate332484
Pike3301105
Scott315373
Alcorn311968
Yazoo310769
Itawamba299477
Copiah296465
Simpson294788
Coahoma294379
Tippah287768
Prentiss279560
Adams269582
Marion268880
Leake266273
Wayne262341
Grenada260386
Covington256381
George246848
Newton246061
Winston226881
Tishomingo225967
Jasper220848
Attala214173
Chickasaw207157
Holmes188673
Clay184754
Stone182033
Tallahatchie178140
Clarke177879
Calhoun170132
Yalobusha163337
Smith162234
Walthall133845
Greene130333
Lawrence128323
Montgomery126742
Noxubee126734
Perry125938
Amite122842
Carroll121728
Webster114532
Jefferson Davis106932
Tunica104826
Claiborne102230
Benton99125
Humphreys96133
Kemper95428
Franklin83623
Quitman80216
Choctaw76118
Wilkinson66930
Jefferson65428
Sharkey50317
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 530988

Reported Deaths: 10978
CountyCasesDeaths
Jefferson765291522
Mobile40971804
Madison34751503
Tuscaloosa25775452
Montgomery24329589
Shelby23431249
Baldwin21131308
Lee15884171
Calhoun14501314
Morgan14293279
Etowah13831353
Marshall12222223
Houston10567281
Elmore10061205
Limestone9960151
Cullman9664193
St. Clair9655243
Lauderdale9424241
DeKalb8830186
Talladega8223176
Walker7235277
Autauga6920108
Jackson6810112
Blount6660137
Colbert6298134
Coffee5511119
Dale4831111
Russell441138
Chilton4290112
Franklin425782
Covington4121118
Tallapoosa4027152
Escambia393376
Chambers3563123
Dallas3551151
Clarke351061
Marion3118101
Pike310877
Lawrence300298
Winston274472
Bibb260764
Geneva249977
Marengo249764
Pickens234461
Barbour230857
Hale222977
Butler215969
Fayette212362
Henry188744
Cherokee184845
Randolph180241
Monroe177440
Washington167339
Macon159150
Clay156256
Crenshaw152257
Cleburne148941
Lamar142535
Lowndes138853
Wilcox127130
Bullock123041
Conecuh110529
Perry107726
Coosa107228
Sumter104532
Greene92334
Choctaw60624
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