Immigration

The Supreme Court Just Dealt Trump a Major Blow in His War on Immigrant Youth

DACA renewals will continue, even if Dreamers remain incredibly vulnerable.

Photo Credit: Tinnaporn Sathapornnanont / Shutterstock

In a major win for undocumented immigrant youth, the Supreme Court will not hear the Trump administration’s appeal of a lower court decision that partially reinstated the Deferred Action for Childhood Arrivals (DACA program). This means that some DACA renewals can continue, for now:

The Trump administration asked the Supreme Court to bypass the court of appeals and hear an appeal directly from a trial court decision reinstating DACA. Such requests to circumvent the intermediate appeals court — known as a “petition for writ of certiorari before judgment” — are almost never granted, and Monday’s order is no exception.

Nevertheless, it is also very uncommon for the Justice Department to make such a request of the Court. Monday’s order is an indication that there are limits to the Court’s willingness to bend its rules for the current administration.

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“Undoubtedly good news,” tweeted immigration expert Phil Wolgin. “For one, it's a big rebuke to the [administration], who wanted to overturn the ruling so badly (and stop DACA renewals) they skipped the appeals court, and went straight to the Supreme Court.”

But while an important victory for undocumented immigrant youth, brand-new applicants are still not being accepted in the program, and the legal battles playing out only highlight the need to pass permanent protections in the form of the DREAM Act, and now. 

 

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