Published: Mon, January 22, 2018
Health Care | By Oscar Goodwin

Trump administration asks Supreme Court to intervene on DACA

Trump administration asks Supreme Court to intervene on DACA

Today the federal government went to the Supreme Court, asking it to intervene immediately in a legal dispute over whether the Trump administration can end DACA - and to rule on the dispute before the court's summer recess.

The American Civil Liberties Union pursued a separate legal challenge filed in Maryland that is now before the Virginia-based 4th US Circuit Court of Appeals.

"It defies both law and common sense for somehow be mandated nationwide by a single district court in San Francisco", Attorney General Jeff Sessions said in a statement on Tuesday announcing plans for the appeal to the high court.

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The rare move puts the justices on the spot, at a time when the fate of Dreamers is being heatedly debated in the Capitol, just across the street from the Supreme Court.

The Supreme Court agreed on Friday afternoon to consider the state of Hawaii's claim that President Trump imposed an unconstitutional "Muslim ban" when he ordered strict new limits on entry into the foreign nationals from six nations with Muslim-majority populations.

Assuming the Court schedules oral argument before the end of the term, a decision would be expected this summer. The court did not say if the ban violates the Constitution, as other federal courts have found.

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Trump's first travel ban was issued nearly a year ago, nearly immediately after he took office, and was aimed at seven countries. Unless the court steps in, the government continued, the district court's order could remain in effect for months while it appeals to the 9th Circuit; if the 9th Circuit were to leave the order in place, the government emphasized, "it could continue for more than a year given the Court's calendar". Hawaii has argued that the ban also discriminates on the basis of religion. The December ruling suggests a majority of the Court believes the government will ultimately prevail on the merits, as issuance of a stay requires the Trump administration to show a "substantial likelihood of success" in defending the travel ban. Instead, the president's third proclamation, issued in September, denies entry indefinitely to most travelers from Chad, Iran, Libya, Somalia, Syria, Yemen and North Korea as well as some government officials from Venezuela.

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.

However, the Trump administration maintained that the President had the authority to install travel bans in order to protect national security.

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The Constitution gives Congress the power to set the law on immigration, and the president is given the duty to enforce it.

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