Trump Administration Urges Supreme Court to Rule on DACA in Attempt to Bypass Lower Courts

A day before Tuesday's midterm elections, the Justice Department asked the U.S. Supreme Court to intervene in the Trump administration's bid to terminate the Obama-era Deferred Action for Childhood Arrivals program (DACA), which protects hundreds of thousands of undocumented immigrants brought to the U.S. as children from deportation.

The Justice Department filed its court documents late on Monday, according to CBS News, with Solicitor General Noel Francisco calling for the Supreme Court to bypass three federal appellate courts and rule directly on whether it is lawful for the Trump administration to end DACA, after the government saw its plans to terminate the program thwarted by injunctions from three federal circuit courts.

Francisco argued that it was "wrong" of courts to issue the injunctions and urged the Supreme Court to consider the case for "immediate review."

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Immigration activists hold signs during a protest over the Trump administration's bid to end the Deferred Action for Childhood Arrivals program on March 5 on Capitol Hill in Washington, D.C. The Trump administration asked the U.S. Supreme Court to bypass lower courts and rule on the legality of its bid to end DACA. Alex Wong/Getty

The Supreme Court had previously denied the government's request to hear its appeal after a district court's order prevented the government from ending the DACA program before the 9th Circuit's review of the case.

The justices said at the time that they believed the appeals court would "proceed expeditiously" to decide on the case.

Francisco, however, said that has "not happened," according to The Hill, with the solicitor general asserting that "although the court of appeals heard oral argument on May 15, 2018, it has yet to issue its decision.

"And while no one, respondents included, contends that the legality of DACA's rescission will be finally resolved without this Court's review, absent prompt intervention from this Court, there is little chance the Court would resolve this dispute for at least another year," he said, according to The Hill.

The Trump administration had warned last month that it would petition the Supreme Court—with its new five-justice conservative majority—to take action on the DACA case if a decision was not made soon by the 9th Circuit Court of Appeals.

Read more: Trump Administration Wants to Fast-Track DACA Case to Supreme Court Now That Brett Kavanaugh Is on the Bench

President Donald Trump's stance on DACA has changed several times over the course of his presidency, with the U.S. leader appearing open to negotiations with Democrats over the program even after he announced it would be canceled in 2017. In April, however, the president tweeted that there would be "no DACA deal" between Republicans and Democrats.

The Trump administration's latest effort to end DACA was made not only a day before the midterm elections but also as the government launched yet another crackdown on immigration, with the Trump administration ordering the deployment of thousands of troops to the southern border in anticipation of the arrival of several caravans of Central American migrants at the U.S. border.

Trump has been accused of exploiting news of the migrant caravans to stoke immigration fears and distract voters from pressing election issues, such as health care, ahead of Tuesday's voting. The president has denied such accusations, stating that his focus on immigration has nothing to do with the elections and that he has been fighting to "have strong borders" before he "ever thought of running for office.

Trump Administration Urges Supreme Court to Rule on DACA in Attempt to Bypass Lower Courts | U.S.