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.
Despite Sessions' request to go straight to the Supreme Court, the case must first go through the Ninth Circuit Court of Appeals, which has previously blocked President Donald Trump's other immigration policies, such as a ban on immigration from certain majority-Muslim countries. Under normal circumstances, the Supreme Court disfavors parties from bypassing lower court proceedings and asking for direct review, but the Trump administration says the step is necessary.
The request for review by the Supreme Court is unusual because an appellate court has yet to rule on U.S. District Judge William Alsup's January 9 preliminary injunction.
Attorneys for the U.S. Department of Justice said in a court filing that they were appealing the January 9 ruling by a federal judge preventing Trump from ending the Deferred Action for Childhood Arrivals program.
In September, Trump rescinded DACA and gave Congress until March to save it.
On Jan. 9, Alsup ordered the federal government to revive the Deferred Action for Childhood Arrivals program, or DACA, which provides work permits and protection from deportation for immigrants who arrived in the USA before the age of 16.
In the petition, Solicitor General Noel J. Francisco argued that Attorney General Jeff Sessions had found that the "DACA policy was unlawful" and he asked that the high court take action before the case winds its way through the appeal process.
The district court's unprecedented order requires the government to sanction indefinitely an on-going violation of federal law being committed by almost 700,000 aliens-and, indeed, to confer on them affirmative benefits (including work authorization)- pursuant to the DACA policy. Alsup also rejected the administration's request to dismiss the lawsuits. After Judge Alsup's order, the Department of Homeland Security announced that it would resume accepting work permit renewals from DACA recipients.