Supreme Court Denies Petition for Cert Before Judgment in DACA Case

On February 26, 2018, the Supreme Court of the United States denied the Government's petition for a writ of certiorari before judgment in Dept. of Homeland Sec., v. Regions of Univ. of Ca, (No. 17-1003). You may see the denial here. 

On January 9, 2018, Judge William Alsup of the United States District Court for the District of Northern California preliminarily enjoined the Department of Homeland Security (DHS) from rescinding the Deferred Action for Childhood Arrivals (DACA) program on multiple grounds [see blog]. On January 12, 2018, Judge Alsup issued a second decision dismissing the Government's motions to dismiss the case. On January 18, 2018, the Department of Justice (DOJ) filed a notice of appeal with the Supreme Court, asking the Court to take the case before final judgment.

Notably, the Supreme Court denied the Government's petition “without prejudice,” and it stated its expectation that “the Court of Appeals will proceed expeditiously to decide this case.” In effect, the denial of cert before judgment means that the litigation will proceed through the normal course, with Government appeals first being heard by a Federal circuit court prior to the Supreme Court. The denial does not commit the Supreme Court to a future outcome if it does ultimately take one or more of the DACA rescission cases on appeal.

The Supreme Court's denial of the Government's petition means that the DACA rescission will not take effect on March 5, 2018, as initially planned. Instead, pending final litigation of the issues, DACA will remain open to certain individuals who have previously had DACA benefits. It is worth noting that a second injunction against the DACA rescission has been issued by Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York [see blog].

We will continue to update the situation on DACA as further information becomes available. To learn more about the DACA rescission memo along with the latest updates, please see our full article [see article]. An individual with questions about how the developments involving DACA may affect him or her should consult with an experienced immigration attorney for case-specific guidance.

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