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Trump Administration Seeks Top Court Review of Immigration Cases

Nov. 5, 2018, 11:42 PM

President Donald Trump’s administration asked the U.S. Supreme Court to let him end deportation protections for young undocumented immigrants, urging the justices to take the unusual step of bypassing three federal appeals courts to get the case resolved by next summer.

The appeal challenges the decision of three federal trial judge to block Trump from abolishing the program, started by his predecessor, Barack Obama. The Deferred Action for Childhood Arrivals program protects hundreds of thousands of young immigrants, shielding them from deportation and letting them seek work permits.

The San Francisco-based Ninth Circuit Court of Appeals heard arguments in May but hasn’t ruled. The DOJ informed the court that it would go back to the Supreme Court if a ruling wasn’t issued by Oct. 31.

The DOJ appealed the Ninth Circuit decision, but also filed petitions for the justices to hear the cases pending before the Second and District of Columbia circuits. The cases all present similar issues related to the administration’s decision to end DACA in September 2017.

The Supreme Court said in February it expected the appeals court to move “expeditiously” in the case. That order rejected an earlier Trump administration bid for high court intervention.

Justice Brett Kavanaugh, who is new to the court since the last time the justices considered DACA, could sway the ultimate decision on whether to take up the case. The Supreme Court rarely bypasses the appeals court process.

The Department of Homeland Security has continued, under court order, to accept DACA renewal applications despite the administration’s announcement more than a year ago that it was shuttering the program. Judges in New York and Washington also ordered that the program continue.

The cases are Dep’t of Homeland Sec. v. Regents of the Univ. of Cal., U.S., No. 18-587, petition for certiorari filed 11/5/18, Nielsen v. Batalla Vidal, U.S., No. 18-589, petition for certiorari filed 11/5/18, and Trump v. Nat’l Ass’n for the Advancement of Colored People, U.S., No. 18-588, petition for certiorari filed 11/5/18.

©2018 Bloomberg L.P. All rights reserved. Used with permission

To contact the reporter on this story: Greg Stohr in Washington at; Laura Francis in Washington at

To contact the editors responsible for this story: Joe Sobczyk at; Laurie Asséo; Terence Hyland at