Below is a break down of where DACA is in the courts and what all the different court decisions mean.
- Federal Judge (in San Francisco) temporarily blocks Trump’s decision to end DACA.
- Name of the case: The Regents of the UCA and Janet Napolitano v. DHS and Kirsten Nielsen (Sec. of DHS).
- US District Judge William Alsup (a Clinton appointee) granted a request by California and other states to stop the administration from ending DACA.
- This judge argued: The legal opinion was incorrect; indeed, he called it “a flawed legal premise”.
- The judge ordered the administration: To start processing applications for renewal of DACA permits and to continue existing ones. However, first-time applicants cannot apply.
- The Supreme Court Declines to Take up DACA.
- After the first injunction, the Department of Justice (DOJ) made a rare (extraordinary) request to the Supreme Court: Skip the 9th Circuit Court of Appeals in California and take up the DACA case.
- On Monday, February 26 SCOTUS declined this “extraordinary” request and said that the appeals court should hear the case first.
- Timeline: The Supreme Court’s calendar is full for this year, which means that it might hear the case as early as the fall or spring and have a decision next year. Still, we still do not have a exact timeline.