Supreme Court Refuses the Trump Administration’s Request to Bypass Court of Appeals. DACA Recipients May Continue to Renew their Employment Authorization for Now

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On Monday, February 26, 2018, the U.S. Supreme Court denied the Trump administration's petition to the Court to review a California federal court’s order temporarily enjoining the administration’s termination of the Deferred Action for Childhood Arrivals (“DACA”) program. In an unusual request, the administration asked the Court to rule against the lower court injunction even before the Ninth Circuit had ruled on it. The Supreme Court denied such request and only stated, "It is assumed that the court of appeals will proceed expeditiously to decide this case." 

In January, U.S. District Judge William Alsup issued a nationwide injunction temporarily barring the administration from terminating the DACA program completely. As a result, existing DACA recipients were allowed to renew their benefits, but no newly filed DACA applications would be accepted. Thereafter, the administration recommenced acceptance of DACA renewal applications. 

For the time being, DACA renewals will continue. We will provide further updates as this issue winds its way through the courts.

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