Tag Archives: Deferred Action for Childhood Arrivals

U.S. wants ruling on ‘Dreamers’ in Supreme Court’s current term

A woman leaves the U.S. Citizenship and Immigration Services offices in New York, August 15, 2012. REUTERS/Keith Bedford

By Tom Hals

(Reuters) – The U.S. Department of Justice said Wednesday it will ask the Supreme Court to intervene if an appellate court has not ruled by Oct. 31 on whether the Trump administration can end protections for “Dreamers” who are young immigrants in the country illegally.

In a letter to the clerk of the 9th U.S. Circuit Court of Appeals in San Francisco, a Justice Department lawyer said the action would be necessary to give the litigation a chance of being heard by the Supreme Court in its current term, which ends in June.

The case at issue was brought by the University of California and others challenging the administration’s decision to end Deferred Action for Childhood Arrivals (DACA). The program was adopted by the Obama administration in 2012 and has allowed 700,000 young immigrants to remain and work in the United States, although they do not have legal status.

A federal district court in California issued a nationwide injunction requiring the government to continue the program and process renewals for existing participants until a final ruling was made in the case.

The government maintains DACA is not legal and has sanctioned “an ongoing violation of federal law” by its participants. It appealed the injunction to the 9th Circuit, which heard arguments in the case on May 15 but has not yet issued a ruling.

“If this court’s decision is not issued promptly,” said the letter, “the Supreme Court would not be able to review the decision in the ordinary course until next term at the earliest.

It would be unusual for the Supreme Court to weigh in before the appeals court has ruled. In February, the Supreme Court declined to grant a previous petition asking it to review the lower court’s decision before the appeals court ruled.

The administration’s decision to end DACA sparked an outcry from immigration advocates, business groups, colleges and religious leaders, and was quickly challenged in the courts.

Other cases both challenging and supporting the government’s decision to end DACA are also working their way through the courts, making it almost certain that the Supreme Court will eventually decide the issue, unless Congress acts first.

Earlier this year, Congress tried and failed to pass legislation legalizing Dreamers.

Lawmakers may get another shot at the issue after the Nov. 6 congressional election. Congress will have to consider spending proposals, and some leading lawmakers have suggested that funds for a wall along the border with Mexico could be passed in conjunction with wider immigration reform.

(Reporting by Tom Hals in Wilmington, Delaware; editing by Jonathan Oatis)

Government workers begin shutdown as Senate vote looms

The U.S. Capitol is lit during the second day of a shutdown of the federal government in Washington, U.S., January 21, 2018.

By Amanda Becker and Richard Cowan

WASHINGTON (Reuters) – Hundreds of thousands of federal workers began shutting down operations on Monday with the U.S. government closed and the Senate prepared to try again to restore funding, if only temporarily, and resolve a dispute over immigration.

As government employees prepared for the first weekday since the shutdown began at midnight Friday, U.S. senators were to vote at midday on a funding bill to get the lights back on in Washington and across the government until early February.

Support for the bill was uncertain, after Republicans and Democrats spent all day on Sunday trying to strike a deal, only to go home for the night short of an agreement.

Federal employees received notices on Saturday about whether they were exempt from the shutdown, White House budget director Mick Mulvaney said. Depending on their schedules, some were told to stay home or to go to work for up to four hours on Monday to shut their operation, then go home. None will get paid.

Senate Majority Leader Mitch McConnell said late Sunday that an overnight vote on a measure to fund government operations through Feb. 8 was canceled and would be held at 12 p.m. EST (1700 GMT) on Monday.

Up until Monday, most federal workers were not directly affected by the shutdown that began at midnight on Friday.

The federal Office of Personnel Management said on its website on Sunday night that “federal government operations vary by agency.”

The Department of Defense published a memo on its website detailing who does and does not get paid in a shutdown and saying that civilian employees were on temporary leave, except for those needed to support active-duty troops.

The Department of Interior led by Secretary Ryan Zinke, offered no guidance on its website, which still had a “Happy Holidays from the Zinke Family” video near the top of the site. The department oversees national parks and federal lands.

The State Department website said: “At this time, scheduled passport and visa services in the United States and at our posts overseas will continue during the lapse in appropriations as the situation permits.”

Markets have absorbed the shutdown drama over the last week, and on Monday morning world stocks and U.S. bond markets largely shrugged off Washington’s standoff even as the dollar continued its pullback. U.S. stock futures edged lower.

‘DREAMERS’ DRAMA

The U.S. government has not been shut down since 2013, when about 800,000 federal workers were put on furlough. That impasse prevented passage of a needed funding bill centered on former Democratic President Barack Obama’s healthcare law.

The problem this time focused on immigration policy, principally President Donald Trump’s order last year ending an Obama program called Deferred Action for Childhood Arrivals (DACA), which gave legal protections to “Dreamer” immigrants.

The “Dreamers” are young people who were brought to the United States illegally as children by their parents or other adults, mainly from Mexico and Central America, and who mostly grew up in the United States.

Trump said last year he would end DACA on March 5 and asked Congress to come up with a legislative fix before then to prevent Dreamers from being deported.

Democrats have withheld support for a temporary funding bill to keep the government open over the DACA issue. McConnell extended an olive branch on Sunday, pledging to bring immigration legislation up for debate after Feb. 8 so long as the government remained open.

Senate Democratic leader Chuck Schumer objected to the plan and it was unclear whether McConnell’s pledge would be enough for Democrats to support a stopgap funding bill.

Congress failed last year to pass a complete budget by Oct. 1, the beginning of the federal fiscal year, and the government has been operating on a series of three stopgap spending bills.

Republicans control both the House of Representatives and the Senate, where they have a slim 51-49 majority. But most legislation requires 60 Senate votes to pass, giving Democrats leverage.

Trump told a bipartisan Senate working group earlier this month that he would sign whatever DACA legislation was brought to him. The Republican president then rejected a bipartisan measure and negotiations stalled.

McConnell had insisted that the Senate would not move to immigration legislation until it was clear what could earn Trump’s support.

Republican Senator Jeff Flake, who is involved in bipartisan immigration negotiations, said McConnell’s statements on Sunday indicated there was progress in negotiations and he urged his Democratic colleagues to approve another stopgap bill.

(Additional reporting by Ginger Gibson and Damon Darlin; Editing by Peter Cooney and Jeffrey Benkoe)