DOJ Files Appeal of Judge’s Attempt to Save DACA
by Ian Mason
16 Jan 2018

The Department of Justice filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit Tuesday, starting the process of challenging that court’s controversial ruling that ending the Deferred Action for Childhood Arrivals (DACA) program was unconstitutional.

DOJ also made it clear they will petition to the Supreme Court to resolve the matter.

The Department of Homeland Security is again processing applications under President Barack Obama’s likely illegal executive amnesty for illegal aliens who entered the United States as children after liberal Judge William Alsup of the San Francisco-based U.S. District Court for Northern California issued an injunction blocking the Trump administration’s decision to rescind DACA.

In a release accompanying the notice of appeal, Attorney General Jeff Sessions said:

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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.

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Sessions continued:

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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.

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A Department of Justice official made it clear to Breitbart News that the decision to pursue an appeal in the notoriously liberal Ninth Circuit, as is the normal appellate procedure here, stems from the Supreme Court rules discouraging direct petitions to the Supreme Court without “a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice[.]”

Nevertheless, the DOJ will pursue that extraordinary measure here. “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,” the press release reads.

The case is Regents of the Univ. of Calif. v. U.S. Dept. of Homeland Security.

http://www.breitbart.com/big-government/...t-to-save-daca/


Press Release:

Justice News
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Tuesday, January 16, 2018
Justice Department Files Notice to Appeal and Intends to Petition for Immediate Supreme Court Review in DACA Lawsuit

The Department of Justice today 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.”

https://www.justice.gov/opa/speech/attor...rs-remarks-daca


Sessions's earlier remarks on DACA:
https://www.justice.gov/opa/speech/attor...rs-remarks-daca