Trump asks justices to rule on DACA
Program will continue during appeal, which will take months
WASHINGTON — The Trump administration said Tuesday it would ask the Supreme Court to decide the fate of so-called Dreamers, but leave the immigration program in place until then — a move that should provide more time for Congress and the White House to negotiate a solution.
The divisive issue has been at the center of talks between Democrats and Republicans to avert a government shutdown Friday.
The Justice Department said it will ask the high court to overturn a federal judge’s ruling that blocks President Donald Trump from ending Deferred Action for Childhood Arrivals, an Obama-era program that now offers protection from deportation for about 700,000 people who were brought to the U.S. illegally as children.
But a Supreme Court ruling could easily take months, and the Justice Department — in an unusual move — said it does not plan to ask the court to put the judge’s ruling on hold.
That means that DACA holders for now can apply to renew their protections, which were due to begin expiring on March 5.
“Until further notice … the DACA policy will be operated on the terms in place before it was rescinded” by Trump, a spokesperson for U.S. Citizenship and Immigration Services said Tuesday. “We are still accepting applications.”
Last week, a bipartisan group of senators said it was making progress on a deal that would have protected DACA beneficiaries while providing some funds for border security and making some changes to the system of granting visas.
But Trump upended those negotiations by referring to Haiti and some African nations as “shithole” countries during a White House meeting on Thursday, enraging Democrats and sending both sides back to their war rooms.
As hundreds of young immigrants and their advocates, many in now-familiar orange winter caps, flooded lawmakers’ offices Tuesday on Capitol Hill, Republicans continued work on another stopgap spending measure that would fund federal operations through midFebruary.
“We think we’ll avoid a shutdown,” White House legislative director Marc Short told reporters after a meeting on Capitol Hill. But an immigration deal appeared unlikely by Friday’s deadline, particularly in the House, where Republicans are considering a bill that would contain no deportation protections. Democrats, meanwhile, are pushing for a path to citizenship for DACA recipients.
As the controversy over DACA and Trump’s comment continued to consume Capitol Hill, one leading Republican on immigration issues said there was still a chance to salvage a deal. Sen. Lindsey Graham, RS.C., called on Trump to abandon his harsh rhetoric and reach out to Democrats for a compromise.
“This has turned into an ‘s-show,’ and we need to get back to being a great country,” Graham said Tuesday during a Senate Judiciary Committee hearing.
He said Trump needed to return to his mood and language of Jan. 9, when the president said he wanted a bipartisan deal, based on “love,” that would protect the DACA recipients.
The White House initially did not dispute that Trump made the remark about “shithole” countries, but the president returned to combative form over the weekend, tweeting attacks on his critics.
Faced with conflicting accounts about what Trump said from senators in the meeting, Democrats on Tuesday pressed Homeland Security Secretary Kirstjen Nielsen, who also attended, for her version. She said she did not recall Trump using the word.
“I did not hear that word used, no, sir,” Nielsen said, responding to a question from Sen. Patrick J. Leahy, D-Vt. She didn’t specify what Trump did say, acknowledging only that he and others were using “tough language.”
She also said she didn’t recall Trump saying, “I want more Europeans,” including immigrants from Norway.
“Norway is a predominantly white country, isn’t it?” Leahy asked.
“I actually do not know that, sir, but I imagine that’s the case,” Nielsen said.
At the hearing. Sen. Cory Booker, D-N.J., heatedly condemned Nielsen as “complicit” for failing to object to Trump’s insults.
“You’re under oath,” he told Nielsen. “You and others in that room that suddenly cannot remember? ... Your silence and your amnesia is complicity.
“When the commander in chief speaks or refuses to speak, those words don’t dissipate like mist in the air. They fester. They become poison. They give licenses to bigotry and hate in our country.”
Nielsen told the senator she shares his passion against white supremacists and insisted the department is going after those groups. “It can’t be tolerated in the United States,” she said. Nielsen also said she hopes a DACA deal can be found.
Last week, U.S. District Judge William Alsup in San Francisco issued a nationwide order blocking Trump from ending the program. Attorney General Jeff Sessions announced Tuesday that the administration would appeal to the 9th Circuit Court of Appeals, based in San Francisco, to overturn Alsup’s ruling, but simultaneously would take the rare step of going directly to the Supreme Court.