Louisville, Kentucky. If you have not heard yet, Monday, February 27th , the Supreme Court declined to hear the Trump administration’s appeal of a federal judge’s previous ruling requiring the government to continue the Deferred Action for Childhood Arrivals program (DACA).
What does this mean?
It simply means, the March deal deadline threat we wrote about in our early February blog is pretty much a dead deal. If you remember in September of 2107 the Trump threatened to kill the DACA program if the democrats did not concede on some political demands by March 5th.
This back and forth has kept many DACA recipients on edge for months. As a result of the Supreme Court’s decision to decline to hear the Trump administrations appeal, the program stands as provided previously by the Obama administration.
Photo byClaire AndersononUnsplash
So how did the Supreme Court come to this decision?
The Supreme Court’s decision not to view the case is consistent with legal history. Rarely in the 100 years has the Supreme Court stepped over the federal appeals court to hear a case. You could go back to Zucht v. King, 1922, where the Supreme Court held that it would only review state court decisions if they presented what the Court deemed a “substantial” issue of federal law. Congress would later in 1925, pass the Judges Bill, giving the Supreme Court the discretion to accept by writ of certiorari (essentially giving the Supreme Court the power to order a lower court to deliver its record in a case so that the high court may review it) the vast majority of appeals. These appeals however, were only mandatory if a state statute was declared unconstitutional.
In 1950 Congress ends direct Supreme Court review from the decisions of all administrative agencies except for the Interstate Commerce Commission. Then transferred to courts of appeal in 1975.
1970, Congress withdraws the government’s right of direct appeals to the Supreme Court under the 1907 Criminal Appeals Act, placing that jurisdiction in the courts of appeal.
In other words, the Supreme Court’s decision on Mon
ay is consistent with legal history.
Well, enough legal history! It is now up to congress in the coming months heading up to October 2018 to provide permanent protection.
So yes, there is a little breathing room for DACA recipients and applicants, but far from over. We’ll keep you posted on important DACA developments.
If, you or someone you know is currently worried about their DACA status or have citizenship/immigration concerns we invite you to consult with our experienced immigration lawyers at the O'Brien Law Group in Louisville, Kentucky.
When it comes to your DACA status our qualified Kentucky immigration lawyers at the O'Brien Law Group serving the greater Lexington and Louisville, Kentucky area can help you navigate the complex immigration system.
To learn more about your DACA status or any other legal immigration concerns visit our website at robrienlaw.com
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