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DACA Cases Won’t Be Fast Tracked at Supreme Court

June 3, 2019, 5:05 PM

The U.S. Supreme Court won’t speed up its timeline for considering whether to hear the cases over the fate of the Deferred Action for Childhood Arrivals program.

The justices’ June 3 order is a rebuff to the Trump administration, which had asked the court to decide before the summer recess whether it would wade into the matter. The administration’s request to expedite the case came after the U.S. Court of Appeals for the Fourth Circuit became the second federal appeals court to rule that it was wrong to end DACA.

The Ninth Circuit earlier ruled that DACA shouldn’t have been terminated, upholding a lower federal court order that’s kept the program operating despite the administration’s September 2017 announcement that it would wind down by March of the following year.

The order also comes a day before the House plans to vote on the Dream and Promise Act (H.R. 6), legislation that would provide legal status to more than 2 million young, undocumented immigrants who came to the country as children. DACA, launched by the Obama administration in 2012, provides administrative protection from deportation and work permits to a subsection of that group.

Since November 2018, the justices have been sitting on three connected DACA cases that were filed before any of the federal appeals courts had issued a decision. The Justice Department filed the petitions after the Ninth Circuit waited more than six months to issue a decision after hearing oral arguments in the DACA case before it.

The case is Dep’t of Homeland Sec. v. Casa De Md., U.S., No. 18-1469, motion to expedite denied 6/3/19.

To contact the reporter on this story: Laura D. Francis in Washington at lfrancis@bloomberglaw.com

To contact the editors responsible for this story: Jay-Anne B. Casuga at jcasuga@bloomberglaw.com; Terence Hyland at thyland@bloomberglaw.com

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