Trump travel ban to get day in Supreme Court

BREAKING DOJ Appeals Judge's Ruling Stopping Trump From Ending DACA

BREAKING DOJ Appeals Judge's Ruling Stopping Trump From Ending DACA

In a remarkable filing, the Department of Justice (DOJ) formally asked the Supreme Court to overturn a federal judge's order requiring the Trump administration to continue administering the Deferred Action for Childhood Arrivals (DACA) program.

A week after the injunction was issued, U.S. Citizenship and Immigration Services said it would accept renewal applications from DACA recipients, and the Mission Asset Fund tweeted that it would pay the $495 renewal fee on behalf of Dreamers for whom the fee posed a hardship. If, however, the Justices were to rule that the President acted within his authority under federal immigration law, it then would probably feel that it had to decide whether the order was valid under the Constitution.

In asking the Supreme Court to review the judge's injunction decision before the lower court rules on it, the Trump administration is effectively skipping a judicial step.

Late past year, the justices allowed the entire travel ban issued in September to go into effect pending appeal.

The federal appeals court in Richmond, Virginia, also is considering a challenge to the ban.

The clash now at the court arose last fall, when the Trump administration announced that it would terminate DACA, which would result in some of the 800,000 young adults who qualified for the program becoming eligible to be deported.

If the high court endorses the government's "staggering and limitless" view of the president's power, Katyal warned, the president "could end the family-preference system, revive the national origin quotas Congress abolished a half century ago", or "shut the borders entirely based on nothing more than his view that the country admits too many foreign nationals".

In the early rounds, lawyers pointed to Trump's promise as a presidential candidate to enact a "Muslim ban", and judges agreed his order reflected an unconstitutional discrimination based on religion. "The problem affects every state and territory of the United States", he wrote. The countries on the list are those that do not share that information or present "other heightened risk factors", Francisco said.

The U.S. Supreme Court will hear arguments about President Donald Trump's travel ban in April, it announced Friday. Pro-immigration groups that have sued to stop the order say it is discriminatory and amounts to a ban on Muslims. It also held that a section of the immigration law prohibiting discrimination of the basis of nationality in the issuance of immigrant visas was a constraint on the president's authority.

After the White House announced in September that it would shutter DACA, U.S. District Judge William Aslup barred this result with a January 9 injunction.

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