High Court Punts DACA Case

March 02, 2018

The U.S. Supreme Court declined to review a California federal district court’s national injunction of the Trump administration’s rescission of DACA, saying that an appeals court should hear the case first.  California Attorney General Xavier Becerra said, “We look forward to explaining to the 9th Circuit Court that DACA is fully legal.  For the sake of the Dreamers who help make our economy and our state strong, the rescission of DACA should not be allowed to stand."  The 9th Circuit Court of Appeals is not expected to rule in favor of the DACA ban.  The Supreme Court's move, which could take a year to move through the courts, puts the burden back on Congress, which is still struggling to pass DACA legislation.  Some Senators from both sides of the aisle hope that the upcoming omnibus funding bill could be a vehicle to provide a legislative solution for DACA recipients.  This week, Senators Jeff Flake (R-AZ) and Heidi Heitkamp (D-ND) introduced a bill (S.2464) that includes a three-year DACA extension—but no path to citizenship—in exchange for $7.6 billion in border infrastructure funding.  Other plans are sure to materialize in the weeks leading up to the March 23 government funding deadline.  However, this strategy is a long shot.