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US immigration

US Supreme Court rejects Donald Trump’s attempt to shut down ‘Dreamer’ immigrant programme

The protections for ‘Dreamers’ protected under Obama’s DACA programme will remain – for now – the Supreme Court said

PUBLISHED : Tuesday, 27 February, 2018, 3:26am
UPDATED : Tuesday, 27 February, 2018, 3:28am

The US 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.

On January 9 a federal judge ordered a halt on Trump’s move to rescind Obama-era protections for the immigrants known as “Dreamers”; on Monday, the Supreme Court justices refused to hear the administration’s appeal. 

Under Trump’s action, the protections were due to start phasing out beginning in March.

In a brief order, the justices did not explain their reasoning, but 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 high court also said it expects that appeal court to “proceed expeditiously to decide this case.”

Under the Deferred Action for Childhood Arrivals (DACA) programme, roughly 700,000 young adult, mostly Hispanics, are granted protect from deportation and given work permits for two-year periods, after which they must re-apply.

A total of about 1.8 million people are eligible for the programme, a sizeable fraction of the more than 11 million immigrants living in the United States illegally.

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Trump’s administration had appealed a January 9 nationwide injunction by San Francisco-based US District Judge William Alsup, who ruled that the DACA programme must remain in place while the litigation is resolved.

The administration had challenged a nationwide injunction by San Francisco-based US District Judge William Alsup, who ruled that DACA must remain in place while the litigation is resolved.

In an unusual move, the administration appealed directly to the Supreme Court instead of going first to a federal appeal court.

Alsup ruled that the challengers, including the states of California, Maine, Maryland and Minnesota and Obama’s former homeland security secretary Janet Napolitano, were likely to succeed in arguing that the administration’s decision to end DACA was arbitrary.

Justice Department spokesman Devin O’Malley said in a statement that 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 that “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 it was warranted for the extraordinary injunction requiring the Department of Homeland Security to maintain DACA.”

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Trump referred to Alsup’s 9th Circuit ruling on Tuesday during a meeting with the nation’s governors, saying: “Nothing’s as bad as the 9th Circuit … every single case filed against us is in the 9th Circuit.”

Apparently unaware of the Supreme Court’s ruling, he added: “We lose, we lose, we lose and then we do fine in the Supreme Court.”

The DACA dispute is the second major case the Supreme Court will hear in the coming months arising from Trump’s immigration policies.

The justices are due to hear arguments in April on the legality of his latest travel ban order barring entry to people from several Muslim-majority nations.

Congress so far has failed to pass legislation to address the fate of the “Dreamers,” including a potential path to citizenship.

Trump’s move to rescind DACA prompted legal challenges by Democratic state attorneys general and various organisations and individuals in multiple federal courts.

His administration argued that Obama exceeded his powers under the Constitution when he bypassed Congress and created DACA.

On February 13, a second US judge issued a similar injunction ordering the Trump administration to keep DACA in place.

US District Judge Nicholas Garaufis in Brooklyn acted in a lawsuit brought by plaintiffs including a group of states led by New York.

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Alsup and Garaufis did not say that the administration could not at some point end the programme, only that there was evidence it did not follow the correct procedures in doing so.

The rulings allow those who had previously applied for protections and whose two-year status was soon to expire to apply beyond the deadline set by the administration in September.

The original plan put on hold by the court rulings said that only those who re-applied by October and whose status was due to expire by March 5 could re-apply.

The administration is not processing new applications.

This article contains additional information from Associated Press.