On Monday morning, the Supreme Court declined to hear an appeal from the Trump administration concerning a federal judge placing an injunction on the end of Deferred Action for Childhood Arrivals (DACA). According to the LA Times, it has been 30 years since the Supreme Court has reviewed a district judge’s ruling without the arguments being made in appeals court.
U.S. District Judge William Alsup in San Francisco ruled on Jan. 9 that the Trump administration has to maintain DACA nationwide. This is a major blow to the Republican administration and Congress who have used DACA’s expiration date to bargain for tougher immigration measures.
“The district judge’s unprecedented order requires the government to sanction indefinitely an ongoing violation of federal law being committed by nearly 700,000 aliens,” U.S. General Solicitor Noel Francisco wrote about U.S. District Judge Alsup’s decision.
The administration has filed an appeal at the U.S. 9th Circuit Court of Appeals in San Francisco. U.S. District Judge Alsup’s decision only requires that the administration keep the program in place. That means that DACA recipients can also renew their status, which is something that was previously blocked. However, federal authorities are not prevented from “removing any individual, including any DACA enrollee, who it determines poses a risk to national security or public safety.”
The Trump administration announced on Sept. 5, 2017 that the DACA program would begin a slow wind down with an end date of March 5, 2018. President Trump said that he was giving the matter over to Congress to create a permanent solution to the immigration debate around DACA.