The U.S. Supreme Court will meet behind closed doors Friday to decide whether to fast-track the federal appeals process concerning President Donald Trump’s bid to end the Deferred Action for Childhood Arrivals (DACA) immigration program, CNN reports.
The closed-door meeting is a response to a request from the Justice Department to review an opinion from a San Francisco-based judge who blocked the Trump administration’s plan to end DACA.
In granting a nationwide injunction, Federal Judge William Alsup of the Ninth Circuit U.S. Court of Appeals also ruled that the administration must resume taking DACA applications.
The High Court rarely allows cases to bypass the lower court process, CNN said.
"The court hasn't granted cert before judgment since 2004, and it hasn't done so without a circuit-level ruling on the question presented since 1988," professor Stephen Vladeck of the University of Texas School of Law told CNN.
Trump has repeatedly blasted the 9th US Circuit Court, which has knocked down different versions of the president’s travel ban. He has said it is an example of "how broken and unfair our court system is."
The issue before the lower court was not about whether DACA is legal, but how the Justice Department wants to end it.
Alsup ruled that the "plaintiffs have shown that they are likely to succeed on the merits of their claim that the rescission was arbitrary and capricious." He said his nationwide injunction was “appropriate” because immigration is a national issue.
In court papers, Solicitor General Noel Francisco called the nationwide injunction "unprecedented."
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