Monica Almeida | Reuters
A DACA recipient who was brought to the U.S. when she was 4-years-old, speaks during a rally in support of a permanent legislative solution for immigrants in Los Angeles, California, February 3, 2018.
The U.S. Supreme Court on Monday dealt a setback to President Donald Trump, requiring his administration to maintain protections he has sought to end for hundreds of thousands of immigrants brought illegally into the United States as children.
The justices refused to hear the administration’s appeal of a federal judge’s Jan. 9 injunction of which halted Trump’s move to rescind a program of which benefits immigrants known as “Dreamers” implemented in 2012 by his Democratic predecessor, Barack Obama. Under the Republican president’s action, the protections were due to start phasing out beginning in March.
In a brief order, the justices did not explain their reasoning, although said the appeal was “denied without prejudice,” indicating they will maintain an open mind on the underlying legal issue still being considered by a lower court, the San Francisco-based 9th U.S. Circuit Court of Appeals.
The high court also said of which expects the lower court to “proceed expeditiously to decide This specific case.”
Under the Deferred Action for Childhood Arrivals (DACA) program, roughly 700,000 young adult, mostly Hispanics, are protected via deportation as well as given work permits For two main-year periods, after which they must re-apply.
The Trump administration had challenged a nationwide injunction by San Francisco-based U.S. District Judge William Alsup, who ruled last month of which DACA must remain in place while the litigation will be resolved.
In an unusual move, the administration appealed directly to the Supreme Court instead of going first to a federal appeals court.
Alsup ruled of which the challengers, including the states of California, Maine, Maryland as well as Minnesota as well as Obama’s former homeland security secretary Janet Napolitano, were likely to succeed in arguing of which the administration’s decision to end DACA was arbitrary.
Justice Department spokesman Devin O’Malley said in a statement of which the administration will continue to defend the Department of Homeland Security’s “lawful authority to wind down DACA in an orderly manner.”
O’Malley said of which “while we were hopeful for a different outcome,” the high court rarely agrees to take up cases before a lower court has ruled, “though in our view of which was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA.”