Justice Department Asks SCOTUS To Reverse Court Ruling Protecting DREAMers

Justice Dept. to Appeal Ruling That Blocked DACA Shutdown

A three-judge panel of judges on the 9th US Circuit Court of Appeals ruled previous year that travel ban 3.0 exceeds the President's authority, calling it "an executive override of broad swaths of immigration laws that Congress has used its considered judgment to enact".

"We have always known this case would ultimately be decided by the United States Supreme Court", said Doug Chin, the attorney general of Hawaii which had challenged the ban.

"The district court has entered a nationwide injunction that requires DHS to keep in place a policy of non-enforcement that no one contends is required by federal law and that DHS has determined is, in fact, unlawful and should be discontinued", the DOJ argued. One of the issues raised in a letter, circulated at the January 12 meeting, says: "There have been instances where cases having far-reaching consequences for the nation and the institution had been assigned by the Chief Justices of this Court selectively to the Benches of their preference without any rational basis".

The most recent version of Trump's "enhanced vetting" order, announced in October, prohibits travel to the USA by most people from Chad, Iran, Libya, Somalia, Syria and Yemen. But even if courts did have the power to weigh in, the government continued, it would be too soon for them to do so: Any challenges to the termination of DACA can only happen after the government orders the individual challengers to leave the country.

The Supreme Court on December 4 signaled it was likely to uphold the ban when, on a 7-2 vote, it let it go into full effect while legal challenges by the state of Hawaii and others continued.

The court's eventual ruling will determine the fate of the third attempt of the Trump administration to restrict entry to people from several Muslim-majority countries, and it marks the second time the Supreme Court has agreed to hear the issue.

"The proclamation responds to multiple agencies' specific findings that a handful of countries have deficient information-sharing practices or other factors that prevent the government from assessing the risk their nationals pose to the United States", the administration appeal argued.

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The first ban was quickly blocked in court, as was a modified version removing Iraq from the list of countries.

The latest ban was introduced on September 24 after what Francisco called an "extensive, worldwide review" to determine which foreign governments provide information required by the United States to vet those seeking entry.

"Every version of the ban has been found unconstitutional, illegal, or both by federal trial and appellate courts", said Omar Jadwat, director of the Immigrants' Rights Project at the American Civil Liberties Union, which has supported Hawaii in its court challenge.

It's lawmakers, not the president, who are supposed to have the power to - well, make laws.

Lower courts in California, Hawaii and other states have repeatedly ruled that Trump's order targets Muslims in violation of the US Constitution.

After Trump changed the policy - subtracting Sudan, adding Chad, North Korea and Venezuela, setting separate criteria for each country and making it indefinite rather than temporary - federal courts again struck it down. It did not decide whether the ban violated the Constitution.


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