Justice Department announces legal action taken on DACA

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The Justice Department is fighting back against a judge’s ruling last week which forced the Trump administration to resume processing DACA applications.

The Trump administration had brought Obama’s DACA program to a halt on Sept. 5, saying it would be up to Congress to come up with a legal DACA program.

Last week, U.S. District Judge William Alsup in San Francisco ruled that the Trump administration must resume processing and renewing DACA applications and work permits for qualifying ‘dreamers.’ The ruling was on behalf of a lawsuit filed by The Regents of the University of California and Janet Napolitano, who drafted the deal to start with when she was head of Homeland Security under President Obama.

Tuesday afternoon, the Department of Justice announced they have filed a notice of appeal in the case, and said they will petition for the Supreme Court to conduct an immediate review of the lawsuit.

This comes amid a battle going on among lawmakers who are arguing over how to include immigration reform in the budget. If an agreement is not reached, it could result in a government shutdown.

Below is the full press release from the Justice Department:

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Tuesday, January 16, 2018

Justice Department Files Notice to Appeal and Intends to Petition for Immediate Supreme Court Review in DACA Lawsuit

The Department of Justice today filed a notice of appeal in The Regents of the University of California and Janet Napolitano v. U.S. Department of Homeland Security and Elaine Duke seeking review before the U.S. Court of Appeals for the Ninth Circuit.  The Department also intends later this week to take the rare step of filing a petition for a writ of certiorari before judgment, seeking direct review in the Supreme Court.

“It defies both law and common sense for DACA—an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidated the similar DAPA policy—to somehow be mandated nationwide by a single district court in San Francisco,” said Attorney General Jeff Sessions. “It is clear that Acting Secretary Duke acted within her discretion to rescind this policy with an orderly wind down. This was done both to give Congress an opportunity to act on this issue and in light of ongoing litigation in which the injunction against DAPA had already been affirmed by the Supreme Court. 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.”

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