Supreme Court extends relief for 'Dreamers,' silent on Trump immigration plan

  • Supreme Court extends relief for 'Dreamers,' silent on Trump immigration plan

Supreme Court extends relief for 'Dreamers,' silent on Trump immigration plan

The court rejected the administration's highly unusual bid to get the justices to intervene before the cases are fully considered in the lower courts, after federal judges in California and Brooklyn allowed the so-called DACA program to go forward for immigrants who had been granted a shield from immigration enforcement.

The Supreme Court justices, without dissent, turned down the administration's petition "without prejudice", meaning it could decide in the future to weigh in after a an appeals court makes a decision.

Last fall, President Trump gave legislators until March 5 to renew the program. "Here in NY, we will do everything in our power to protect DACA recipients and ensure they receive healthcare".

The decision by the Supreme Court to not hear the case allows the lower courts' decision to remain in place and for the renewal applications to continue to be accepted, but not allowing those who would now qualify for the program to submit new applications. A second court issued a similar ruling February 13.

Gutierrez granted the lawsuit class-action status, meaning it will cover DACA recipients who, after January 19, 2017, had or will have their DACA status revoked.

In seeking to get Alsup's order overturned, the Justice Department sought to leapfrog the US appeals court in California, asking the Supreme Court to grant an "immediate review" of Alsup's nationwide order. "ICE typically arrests those who have/had Deferred Action for Childhood Arrivals (DACA), if DACA has been terminated, the individual is engaged in criminal activity, has gang affiliation, has been determined to pose a public safety risk, there has been some other violation of the program requirements, or if the period of deferred action expired".

Another federal judge in Brooklyn, New York, issued a similar nationwide preliminary injunction two weeks ago. While Trump has made sympathetic statements about those immigrants, brought to the country illegally as children, his administration has argued against DACA as an excess of executive authority on a matter that should be resolved by Congress.

"Because they want for us what they did not have - the opportunity to get a college education and a career that they want, and to be successful", Marmolejo said.

Homeland Security's page on DACA is archived and it is unclear if it will be updated with this announcement from the high court.

That's a significant victory for the Dreamers and a defeat for administration hard-liners, led by Stephen Miller, Trump's domestic policy advisor.

The Monday decision of the justices does not mean the Supreme Court will never hear the case.

The protections were due to start phasing out in March under the Republican president's action, announced in September.

Now, the government's appeal of the injunction will proceed at the 9th Circuit. The decision means that the program will stay in place while the 9th Circuit Court of Appeals conducts a full review. "That doesn't change the fact that we need 60 votes [for a bill to advance in the Senate] to clear the House, and the president needs to sign it". "It also takes some of the pressure off Congress to act to pass its own legislation to protect young undocumented immigrants who came to the children, something lawmakers have repeatedly failed to do".