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With Pete Williams
The Trump government on Monday called on the US Supreme Court to quickly take the legal battle for the DACA's future by asking the judges to address the issue even before a federal appeal court decides on the legitimacy of the program.
If judges do not take action soon, the Justice Department said it would probably be too late to get to this year's case. In this case, the government will probably need to maintain the program for at least another year.
The DACA allows children of illegal immigrants to remain here if they were under 16 when their parents brought them to the US and if they arrived by 2007. The Obama-era initiative allowed 700,000 young people, known as "Dreamers, to avoid deportation.
The Trump government moved to end the program a year ago, but federal courts have blocked this effort. After a brief pause, the government began accepting renewal requests from the DACA participants, which must be submitted every two years. But the Trump administration hopes to overturn the decisions that said the DACA should be allowed to continue.
A federal court in San Francisco was the first to state that the government acted illegally by trying to close it. The Government appealed against this decision to the 9th Court of Appeal, which heard oral arguments on 15 May. In mid-October, the Justice Department informed the Court of Appeals that if it did not decide the dispute by the end of October, ask the Supreme Court to take the case anyway.
The Trump administration attempted earlier this year to refer the case to the Supreme Court while pending on the 9th Circuit. The judges rejected this invitation at the end of February, but said they had taken the appeal court "will soon proceed to decide the case."
But in a legal brief statement filed with the Supreme Court late Monday, Advocate General Nelly Frank said: "That has not happened."
The court must remove the case from the 9th Circuit and decide it now, Francisco said. "If there is no direct intervention from this court, there is little chance that the court will resolve this dispute for at least another year."
DACA supporters have been largely successful in their legitimate struggle to maintain the program. Courts in Washington and New York have also blocked the government from closing it. The Justice Ministry has asked the Supreme Court to take these cases now, too, at a rapid pace.
It usually takes at least two months to pass a case to the Supreme Court, ready for the judges to consider whether they will hear the appeal. However, by mid-January, the court has usually completed the calendar of allegations for the term, which expires at the end of June. So, if the California court does not give a quick ruling on the DACA issue, there will be little chance of the case being examined in the Supreme Court case in the current period.
The Supreme Court rarely agrees to hear cases before the appeals courts. However, the chances of the government may be better this time, as judges have said they expect the Appeals Court to act faster than usual. The 9th Circuit lasts an average of nearly 23 months to make a final decision and only about six months have passed since the DACA affair. A decision by the end of the year could be considered urgent.
Proponents of political rights condemned the action of the Ministry of Justice.
"It is clear that Trump will not stop at anything to get what he and the extremists like all the time – to expel as many people as possible to our communities, including dreams, and to do so as soon as possible, said Marielena Hincapié of the NILC Immigrant Justice Fund, a group on migrants' rights.