Skip to main content
Find a Lawyer
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Supreme Court Considers Intervening in DACA

By William Vogeler, Esq. | Last updated on

In Monopoly, few players get to pass go and collect $200 without paying some dues along the way.

President Trump is one of the few, and sometimes plays by his own rules. His lawyers are trying to bypass the federal appeals courts to take their case against "Dreamers" directly to the U.S. Supreme Court.

The justices are considering the request, but some 700,000 immigrants may be asking, "What's the rush?"

Deferred Action for Childhood Arrivals

Under DACA, the so-called "Dreamers" legislation, children who came to the United States illegally may apply for protection from deportation. President Trump is trying to end the Obama-era law, but two federal judges have blocked his efforts.

The Supreme Court may decide to hear the president's appeal at any time. If it does, the case could go on the calendar and result in a decision this term.

There are another 535 other players in the game, however. That would be Congress, which has been trying to work out a deal to save the children and appease the president.

They were close, but the Senate shot down the latest proposals last week. One would have offered amnesty to DACA recipients in exchange for tighter border control measures and money for a border wall.

Imminent Deportation

The "Dreamers" sued and won a preliminary injunction against the government because their potential harm was imminent; the president wanted to start deportations on March 1.

Judge William Alsup, the first judge to rule on the issue, blocked the president's plan and said DACA protected the dreamers pending the litigation. He said the government may refuse new applications, however.

If the Supreme Court decides not grant the president's emergency petition, Alsup's nationwide injunction will continue until the matter is resolved at trial or the U.S Ninth Circuit Court of Appeals.

In the meantime, the players will have to figure out what to do with the latest DACA ruling. Judge Nicholas Garaufis issued an injunction this week to keep DACA in place.

Of course, Congress could change everything through some last-minute legislation. But that's a different game.

For the latest Supreme Court news, subscribe to FindLaw's SCOTUS Newsletter.

Related Resources:

Was this helpful?

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard