The Justice Department will ask the Supreme Court to overturn DACA ruling, bypassing appellate courts

On Tuesday, the Justice Department said it would take the unusual step of asking the Supreme Court to step in and overturn U.S. District Judge William Alsup's ruling blocking President Trump's decision to wind down the Deferred Action on Childhood Arrivals (DACA) immigration program, bypassing the U.S. 9th Circuit Court of Appeals. "It defies both law and common sense" that a "single district court in San Francisco" can halt Trump's plan, Attorney General Jeff Sessions said in a statement. "We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved."

California Attorney General Xavier Becerra (D), who filed one of the federal lawsuits that led to Alsup's injunction, said he was confident that higher courts will uphold the decision to block "the unlawful action by the Trump administration to terminate DACA." The fate of the roughly 700,000 DREAMers covered by DACA is a central sticking point in negotiations to fund the federal government. The Justice Department isn't requesting a stay of Alsup's ruling, The Washington Post notes, and as soon as it files its petition with the Supreme Court, the justices can take the case or wait for the 9th Circuit appellate court to weigh in first, as would normally happen.

Subscribe to The Week

Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

SUBSCRIBE & SAVE

Sign up for The Week's Free Newsletters

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.

Sign up