The California US Court of Appeals for the Ninth Circuit’s ruling to keep in place the “Deferred Action for Childhood Arrivals” (DACA) program after it was ordered halted by the Trump administration “defies law and common sense” and is being appealed at Supreme Court level, US Attorney General Jeff Sessions has announced.
In a statement released by the Department of Justice (DOJ), Sessions said that he had filed a notice of appeal in The Regents of the University of California and Janet Napolitano v. U.S. Department of Homeland Security and Elaine Duke seeking review before the U.S. Court of Appeals for the Ninth Circuit.
The Department also intends later this week to take the rare step of filing a petition for a writ of certiorari before judgment, seeking direct review in the Supreme Court.
“It defies both law and common sense for DACA—an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidated the similar DAPA policy—to somehow be mandated nationwide by a single district court in San Francisco,” said Attorney General Jeff Sessions.
“It is clear that Acting Secretary Duke acted within her discretion to rescind this policy with an orderly wind down. This was done both to give Congress an opportunity to act on this issue and in light of ongoing litigation in which the injunction against DAPA had already been affirmed by the Supreme Court. We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved.”
The 9th Circuit has struck down two of Trump’s travel bans and also blocked an order to withhold funding from the so-called “sanctuary cities” which harbor illegal invaders in contravention of the law.
Earlier, California Attorney General Xavier Becerra—himself the son of Mexican invaders—said that that he expected the federal government to appeal, but was ready to fight to keep the order in place.
Becerra added that he thought Trump was a “racist”—a hypocritical comment from someone who when he served as a US Congressman, was chairman of the “Congressional Hispanic Caucus.”