Attorney General Becerra: U.S. Supreme Court Instructs Trump Administration to Follow Regular Process to Appeal DACA Injunction

Monday, February 26, 2018
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SACRAMENTO – California Attorney General Xavier Becerra today released a statement following the U.S. Supreme Court’s decision to deny a petition for certiorari in the Deferred Action for Childhood Arrivals (DACA) lawsuit led by California and instead allow the Ninth Circuit Court of Appeals to rule on the case.

“Today the Supreme Court denied the federal government’s unusual and unnecessary request to bypass the Appeals Court review of our DACA lawsuit,” said Attorney General Becerra. “We look forward to explaining to the Ninth Circuit court that DACA is fully legal. For the sake of the Dreamers who help make our economy and our state strong, the rescission of DACA should not be allowed to stand.”

In January, Attorney General Becerra obtained a preliminary injunction against the Trump Administration over its decision to end the DACA program. Other plaintiffs in the case include the Attorneys General for Maine, Maryland and Minnesota, as well as the University of California, individual Dreamers and other entities. The ruling in the district court for the Northern District of California blocked the Trump Administration’s rescission of DACA while the underlying case continues. The Court determined that the merits of California’s case are strong, that there would be immediate harm if the Administration’s plan to terminate DACA were to proceed, and that the public interest is served by prohibiting the Administration from ending DACA before the legal issues are ruled on. On January 13, the United States Citizenship and Immigration Services (USCIS) quietly announced that it has resumed accepting requests to renew deferred action under DACA, per court order,  as a result of the preliminary injunction issued in Attorney General Becerra’s lawsuit.

The Trump Administration submitted a request to the U.S. Supreme Court seeking review of the preliminary injunction issued by the district court. Attorney General Becerra opposed the Trump Administration's request, arguing that the Ninth Circuit Court of Appeals should weigh in first. Attorney General Becerra argued that the Court of Appeals was the appropriate court to initially review the rulings by the district court, and that it is unnecessary to divert from usual legal procedures and bypass the Appeals Court. Today’s order by the U.S. Supreme Court means the Ninth Circuit Court of Appeals will review the preliminary injunction first.

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