Justices Will Decide Whether Trump Can End DACA Program
A preliminary injunction in the California case has remained in effect since January 2018, allowing DACA recipients to continue to apply for renewal of their status.
June 28, 2019 at 09:36 AM
4 minute read
The U.S. Supreme Court on Friday said it will consider the legality of the Trump administration's effort to end an immigration program that allows hundreds of thousands of immigrant children, many now adults, to remain in the country lawfully.
The high court agreed to decide the government's challenge to an injunction blocking the wind down of the Deferred Action for Childhood Arrivals, or DACA, program, in the consolidated cases U.S. Department of Homeland Security v. Regents of the University of California. The court set one hour for oral argument.
Arguments in the government's appeal likely will be held sometime in the fall. A preliminary injunction in the California case has remained in effect since January 2018, allowing DACA recipients to continue to apply for renewal of their status.
The DACA program was created in 2012 by the Obama administration and provided temporary, renewable relief from deportation to children brought to the United States by their undocumented parents. In 2017, the Trump administration announced it would end the program which would make an estimated 800,000 young people eligible for deportation.
The U.S. Justice Department initially asked the high court to take the case before a decision on its appeal before the U.S. Court of Appeals for the Ninth Circuit. But the justices in February declined and urged the appellate court to act expeditiously.
A three-judge panel on Nov. 8 ruled against the government. U.S. Solicitor General Noel Francisco has asked the justices to decide two questions: whether the decision to rescind the DACA policy is reviewable by courts and whether the decision is lawful.
After the government announced the program's termination, five related lawsuits challenging the decision were filed in the U.S. District Court for the Northern District of California.
The challengers, led by Covington & Burling's Robert Long and Gibson, Dunn & Crutcher's Theodore Boutrous, include the regents of the University of California, DACA recipients, California and a number of other states and counties, and a labor union. They argued the rescission of the program violated the Administrative Procedure Act and due process, and denied DACA recipients the equal protection of the laws.
U.S. District Judge William Alsup in San Francisco in January issued the first of two temporary nationwide injunctions after finding that the challengers to the government's action were likely to succeed in showing that the decision to rescind the DACA policy was arbitrary and capricious.
On Feb. 13, a second federal judge—Nicholas Garaufis in Brooklyn—issued an order keeping in place the DACA program. Under his order, the DACA program stays in place as it was before the Sept. 5 decision to wind it down. The government does not have to accept new applications and can consider renewals on a case-by-case basis, according to the judge.
That ruling in Vidal v. Nielsen stemmed from lawsuits filed by immigration rights groups and 15 state attorneys general and the District of Columbia.
Texas and six other states also have filed a lawsuit challenging the 2012 DACA program itself— Texas v. Nielsen.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readGovernment Attorneys Are Flooding the Job Market, But Is There Room in Big Law?
4 minute readWill Khan Resign? FTC Chair Isn't Saying Whether She'll Stick Around After Giving Up Gavel
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250