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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: 338079

Reported Deaths: 7523
CountyCasesDeaths
Hinds23409440
DeSoto23069280
Harrison20064328
Rankin15119290
Jackson14743251
Madison10806227
Lee10568179
Jones8864169
Forrest8408159
Lauderdale7684243
Lowndes6917151
Lamar683789
Lafayette6502124
Washington5551139
Pearl River5060150
Bolivar4923134
Oktibbeha484798
Panola4739112
Warren4690127
Marshall4670106
Pontotoc442873
Monroe4293137
Union429179
Neshoba4232181
Hancock417788
Lincoln4148116
Pike3605113
Leflore3587125
Tate351488
Alcorn346474
Sunflower344994
Adams338488
Scott336676
Yazoo335673
Simpson319290
Copiah319068
Itawamba312480
Coahoma311585
Tippah300568
Prentiss295063
Covington287183
Marion281780
Leake281575
Wayne274643
Grenada267588
George266251
Newton258964
Tishomingo238070
Winston236284
Jasper227548
Attala223373
Stone219437
Chickasaw217560
Holmes197674
Clay194654
Clarke184480
Tallahatchie182742
Calhoun179432
Smith177535
Yalobusha170240
Walthall144448
Lawrence140026
Greene137634
Amite135643
Noxubee134235
Perry132438
Montgomery131544
Carroll125431
Webster119132
Jefferson Davis114234
Tunica113227
Benton105925
Claiborne104831
Kemper101429
Humphreys99833
Franklin86723
Quitman84319
Choctaw81819
Wilkinson76532
Jefferson70428
Sharkey51618
Issaquena1736
Unassigned00

Alabama Coronavirus Cases

Cases: 574737

Reported Deaths: 11492
CountyCasesDeaths
Jefferson839571589
Mobile46611857
Madison36938532
Tuscaloosa26841465
Shelby26769255
Montgomery25853624
Baldwin24213326
Lee16897181
Calhoun15210332
Morgan14990289
Etowah14721369
Marshall12855235
Houston11661292
Elmore10727217
St. Clair10587250
Limestone10535158
Cullman10323204
Lauderdale10044253
DeKalb9335191
Talladega8797187
Walker7659286
Autauga7456114
Jackson7295117
Blount7233139
Colbert6614142
Coffee6117131
Dale5393117
Russell467742
Chilton4666117
Covington4623125
Franklin447281
Tallapoosa4420157
Escambia425282
Chambers3880125
Dallas3707163
Clarke366462
Marion3413106
Pike326979
Lawrence3211101
Winston293972
Bibb282965
Geneva274283
Marengo259067
Barbour245161
Pickens239662
Butler237672
Hale232378
Fayette225064
Henry206645
Randolph196144
Monroe195041
Cherokee194548
Washington179339
Macon168352
Crenshaw165058
Clay163659
Cleburne159945
Lamar149738
Lowndes144854
Wilcox129831
Bullock126042
Conecuh119530
Coosa116729
Perry109928
Sumter108732
Greene98336
Choctaw63925
Out of AL00
Unassigned00
Tupelo
Clear
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Hi: 95° Lo: 77°
Feels Like: 85°
Columbus
Clear
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Hi: 95° Lo: 74°
Feels Like: 87°
Oxford
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75° wxIcon
Hi: 94° Lo: 74°
Feels Like: 75°
Starkville
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Hi: 95° Lo: 74°
Feels Like: 87°
Thursday will be another very hot and very humid day across Mississippi and Alabama. Many areas will be well above 100 degrees with the heat index, some even as high as 120 degrees in the Delta of Mississippi.
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