President Donald Trump’s expectations that the Supreme Court would hand him a win in talks over the government shutdown have been dashed. On Tuesday, January 22, the Justices took no action Tuesday on a case before them concerning the legality of the administration’s decision to end Deferred Action for Childhood Arrivals (DACA).
The inaction effectively allows current DACA recipients to continue to renew their protections every two years. The Supreme Court’s schedule is now full for the year, making it unlikely that the justices will be able to review the matter this term, pushing off a decision until possibly 2020.
Trump projected confidence that the court would take up the matter quickly and deliver him a win. At least three times since the shutdown began last month, Trump said a quick ruling on DACA would force Democrats to strike a deal. On Friday, January 25, Trump agreed to re-open the government without funding for his wall.
The current litigation before the Supreme Court stems from a memo dated September 5, 2017, that announced that the program would be ended. The administration’s reasoning, according to the memo, was a legal determination made by then-Attorney General Jeff Sessions that DACA was an “unconstitutional exercise” of executive branch authority. The rescission of DACA in 2017 prompted a number of lawsuits from the Regents of the University of California, a group of states led by California, as well as individual DACA recipients. The cases were consolidated, and a California district court ultimately issued an injunction at the start of 2018 that put the administration’s action on hold.
The Department of Justice then pressed an appeal to both the U.S. 9th Circuit Court of Appeals and, in an unusual maneuver before an appellate ruling, the Supreme Court. The high court denied the Trump administration’s request but noted that it assumed the 9th Circuit would “proceed expeditiously.” On Nov. 8, 2018, a three-judge panel of the 9th Circuit Court of appeals affirmed the lower court’s order keeping DACA in place. The DACA case is Department of Homeland Security v. Regents of the University of California, No. 18-587.
If you have DACA or your DACA is expired and you want to renew, please contact our office for a consultation. In general, we encourage those clients who are eligible to renew DACA, to do so. However, it is important to speak to an immigration attorney because each case is different and there are legal risks and benefits involved. To schedule an appointment with an attorney, please call our office.
How did we do?
Note: Your review may be shared publicly.
Effective March 25, 2020, in response to “Stay at Home” orders Joseph & Hall PC is closed to the public and is now conducting nearly all of its operations remotely during the COVID-19 health crisis through April 18th.
We continue to have a limited number of staff in our office to perform basic operations such as assembling and filing petitions, receiving and distributing mail and issuing checks. We are grateful to be in a business that is conducive to remote work and for all of your patience and support. Our lawyers and paralegals are here to answer the array of questions that continue to arise daily and will keep you informed during these rapidly changing times. We will hold telephonic or video meetings rather than in-person meetings. These meetings can be done by SKYPE or Zoom Conference call so that you can continue to interact with your legal team, face-to-face.
We remain committed to delivering outstanding client services. We do have one important request – please do not come into the office in person for your health and safety and that of our employees. Please mail or email all documents to our office. Also, you can make any required payments online at https://vpspay.com/p/3 or make them over the phone by calling 303-297-9171 or by mail. Please stay healthy!