The Justice Department said on Tuesday it would take the "rare step" to ask the Supreme Court to clear the way for the Trump administration to dismantle a federal program granting work permits to undocumented immigrants who have lived in the United States since childhood.
The Department of Justice said it filed a notice of appeal to the US Court of Appeals for the Ninth Circuit seeking to overturn a California judge's ruling that the government could not dismantle the program of the it was Obama, while a legal challenge to the decision to finalize the program is pending.
The Trump administration said at the end of this week that it will ask the Supreme Court to intervene in the case, hoping to completely bypass the ninth circuit in its attempt to phase out the Deferred Action for Child Arrivals program in March. .
Attorney General Jeff Sessions said "it defies the law and common sense" that a "single district court in San Francisco" had stopped the administration's plans.
"Now we are taking the rare step of requesting a direct review on the merits of this precautionary measure by the Supreme Court so that this issue can be resolved quickly and fairly for all parties involved," Sessions said.
The fate of DACA recipients, also known as "dreamers," is at the heart of a legislative dispute on Capitol Hill that could result in a government shutdown this week.
EE. UU District Judge William Alsup in San Francisco issued a temporary injunction last week to stop the program's dismantling by the Trump administration, while a contested court decision is pending. He ordered the government to resume DACA renewal and work permits for the 690,000 immigrants who had that status when the Trump administration ended the program on September 5.
However, the judge said federal officials could deny them the right to return to the United States if they travel abroad. Alsup also said that the government did not have to accept new applicants.
California and other states had sued the Trump administration for its decision to terminate the program beginning in March.
President Trump had criticized former President Obama for creating DACA in 2012, saying he exceeded his authority and that it should have been the responsibility of Congress to pass a law. Trump promised during the campaign to end the program. In September, Sessions announced plans to eliminate him.
Alsup's ruling said that California and other plaintiffs had demonstrated that they would probably succeed in their claims that the Trump administration's repeal of the nearly six-year program was "capricious" and not in compliance with federal law. He said states, immigrants and public universities faced significant losses if a court determined that the administration had acted improperly in rescinding the program.
Dreamers are widely viewed as a sympathetic group because they were brought into the country when they were children and did not know how to break the law. Trump has urged Congress to pass a bill that would place immigrants in a permanent legal position in the United States, although the White House has demanded important concessions in return, which include financing the border fence and lower immigration based on the family.
Congress and the White House are engaged in intense negotiations on Capitol Hill on such legislation.
Government lawyers have argued that Trump had the authority to rescind the deferred action program for his son in September and that the courts do not have the power to review it under federal law.