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Supreme Court Blocks Orders on DACA Discovery

Supreme Court Blocks Orders on DACA Discovery

A divided U.S. Supreme Court has ruled that the federal government does not have to comply with a federal district court’s discovery order related to its decision to end the Deferred Action for Childhood Arrivals (DACA) program . There is ongoing litigation challenging the Trump’s administration cancellation of DACA, and the district court had ruled that the government should turn over additional documents, beyond what it already had provided. These documents included documents from the White House, the Department of Justice, and the Department of Homeland Security, and the district court had ordered the government to be ready to provide the documents no later than December 22, 2017. The U.S. Supreme Court, however, disagreed, and stayed the district court’s discovery order, at least until the high court can address the government’s petition that challenges the discovery order. The dissenting justices argued that the government was seeking a remedy reserved only for the most extraordinary of cases, and that this case did not qualify as such. In his dissent, Justice Breyer cited previous cases indicating that the district court’s discovery order was well within its powers, and that the Court’s majority ruling would result in the Court being asked to step into more and more run-of-the-mill discovery disputes, which is inappropriate. Most recently, the federal court issued an order banning the federal government from ending DACA anywhere in the country. In response, the Trump administration has not only appealed the district court’s decision to the U.S. Court of Appeals for the 9thCircuit, but it also taken the highly unusual step of asking the Supreme Court to rule on the federal district court order, even though the appellate court has not even considered the appeal. In its petition, the federal government claims the district court order is unprecedented, in that it requires the federal government to sanction an ongoing violation of law being committed by over 700,000 immigrants and give them affirmative benefits, such as work authorization. This request for extraordinary relief is known as “certiorari before judgment .” Whether you are a DACA participant or simply have a pending deportation case we are here to help. The deportation defense lawyers of Landerholm Immigration, A.P.C have handled countless deportation defense claims on behalf of individuals who have been detained and charged with removal. We know how devastating it can be for individuals to be detained and separated from their families. We care about you and your family, and we want to help you remain in the country. Call our office today to set up your legal consultation.

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