The U.S. Supreme Court today Monday down a Justice Department request for immediate review of a preliminary injunction by a federal judge in San Francisco protecting undocumented immigrants who arrived in the U.S. as children.
The high court’s court leaves in place for the time being a preliminary injunction issued by U.S. District Judge William Alsup in San Francisco in January.
That preliminary injunction blocks most of an order by President Donald Trump repealing the Deferred Action for Childhood Arrivals program, known as DACA.
Under Trump’s repeal, the DACA authorizations would have begun expiring on March 5, opening the way for possible deportations of up to 1,000 young people Monday.
Alsup’s preliminary injunction halts the DACA repeal for approximately 690,000 current DACA recipients, but does not require the Trump administration to allow new applications.
In a two-sentence order Monday morning, the Supreme Court referred the case to the 9th U.S. Circuit Court of Appeals in San Francisco and said it hopes that court will act quickly.
“It is assumed that the Court of Appeals will act expeditiously to decide this case,” the court said.
In addition to taking the rare step of appealing directly to the Supreme Court, the Trump administration simultaneously appealed to the 9th Circuit last month.
The appeals court has already issued an expedited briefing schedule with the final briefs due at the start of May. Thus the appeals court’s decision might be handed down in late spring or early summer and Alsup’s injunction will remain in effect at least until then.
The appeals court’s eventual ruling can be appealed to the Supreme Court.
Alsup’s ruling was made in five separate lawsuits filed to challenge the DACA repeal.
The lawsuits were filed by the University of California; the states of California, Maine, Maryland and Minnesota; the city of San Jose; six individuals; and Santa Clara County together with the Service Employees International Union.
-Julia Cheever, Bay City News