Trump administration to appeal DACA ruling to Supreme Court

WASHINGTON, Jan 16 (Reuters) - The U.S. Justice Department on Tuesday said it will ask the Supreme Court to overturn a judge's ruling last week that blocked President Donald Trump's move to end a program that protects hundreds of thousands of immigrants brought to the United States illegally as children.

The Trump administration will file an appeal of the judge's injunction directly with the conservative-majority Supreme Court as well as seeking to appeal to the San Francisco-based 9th U.S. Circuit Court of Appeals, the department said.

The Republican president in September rescinded the Deferred Action for Childhood Arrivals (DACA), a program put in place in 2012 by his Democratic predecessor Barack Obama, effective in March. A variety of Democratic state attorneys general, organizations and individuals challenged Trump's action in multiple federal courts.

The administration is challenging a Jan. 9 decision by San Francisco-based U.S. District Judge William Alsup, who ruled that DACA must remain in place while the litigation is resolved.

RELATED: Trump holds bipartisan meeting on immigration reform

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Trump holds bipartisan meeting on immigration reform
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Trump holds bipartisan meeting on immigration reform
U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. Secretary of Homeland Security Kirstjen Nielsen speaks as U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. Senator Jeff Flake (R-AZ), flanked by Representative Bennie Thompson (D-MS) and Senator Bob Menendez (D-NJ), rubs his eyes and listens as President Donald Trump speaks during a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
US Senator Dianne Feinstein (C), D-California, speaks to US President Donald Trump during a meeting with bipartisan members of the Senate on immigration at the White House in Washington, DC, on January 9, 2018. / AFP PHOTO / JIM WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
U.S. President Donald Trump, flanked by U.S. Representative Martha McSally (R-AZ) and Senator Dick Durbin (D-IL), holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. Representative Martha McSally (R-AZ), flanked by Senator John Cornyn (R-TX) and Senator Dick Durbin (D-IL), speaks as U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. Senator Lindsey Graham (R-SC) speaks as President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. President Donald Trump, flanked by U.S. Senator Dick Durbin (D-IL) and Representative Steny Hoyer (D-MD), holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
U.S. President Donald Trump holds a bipartisan meeting with legislators on immigration reform at the White House in Washington, U.S. January 9, 2018. REUTERS/Jonathan Ernst
WASHINGTON, DC - JANUARY 09: Rep. Henry Cuellar (D-TX) speaks during a meeting about immigration with U.S. President Donald Trump and Republican and Democrat members of Congress in the Cabinet Room at the White House January 9, 2018 in Washington, DC. In addition to seeking bipartisan solutions to immigration reform, Trump advocated for the reintroduction of earmarks as a way to break the legislative stalemate in Congress. (Photo by Chip Somodevilla/Getty Images)
U.S. President Donald Trump, center, listens while U.S. House Minority Whip Steny Hoyer, a Democrat from Maryland, right, speaks during a meeting with bipartisan members of Congress on immigration in the Cabinet Room of the White House in Washington, D.C., U.S., on Tuesday, Jan. 9, 2018. Trump�indicated he's willing to split contentious immigration proposals into two stages, providing protections for young immigrants known as dreamers and increasing border security first, leaving tougher negotiations on comprehensive legislation for later. Photographer: Andrew Harrer/Bloomberg via Getty Images
WASHINGTON, DC - JANUARY 09: White House Chief of Staff John Kelly listens as President Donald Trump conducts a meeting on immigration in the Cabinet Room at the White House January 9, 2018 in Washington, DC. In addition to seeking bipartisan solutions to immigration reform, Trump advocated for the reintroduction of earmarks as a way to break the legislative stalemate in Congress. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - JANUARY 09: Republican and Democrat members of Congress, including Sen. Tom Cotton (R-AR), Sen. Michael Bennet (D-CO), Sen. Mazie Hirono (D-HI) and others join President Donald Trump for a meeting on immigration in the Cabinet Room at the White House January 9, 2018 in Washington, DC. In addition to seeking bipartisan solutions to immigration reform, Trump advocated for the reintroduction of earmarks as a way to break the legislative stalemate in Congress. (Photo by Chip Somodevilla/Getty Images)
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The Justice Department is not filing an emergency application that, if successful, would result in the judge's ruling being put on hold, which means the program will remain in effect during the litigation.

"It defies both law and common sense for DACA ... to somehow be mandated nationwide by a single district court in San Francisco," Attorney General Jeff Sessions said in a statement.

"We are now taking the rare step of requesting direct review on the merits of this injunction by the Supreme Court so that this issue may be resolved quickly and fairly for all the parties involved," Sessions added.

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Since the program was implemented, about 800,000 young adults dubbed Dreamers, mostly Hispanic, have been protected from deportation and allowed to work legally in the United States under DACA. As of September, when the most recent figures were made available, 690,000 young adults were protected under the program.

"Dreamers came out of the shadows based on a representation that if they qualified for the status, they would be allowed to stay in the country. Now they're being used as bargaining chips in a high-stakes immigration policy debate in which their status should have no part," said Mark Rosenbaum, an attorney for the public interest law firm Public Counsel, which represents six DACA recipients in the case.

Alsup's ruling came during negotiations between Trump and congressional leaders over immigration policy. Those talks fell apart after Trump rejected a bipartisan deal and provoked outrage with his reported use of vulgar language to describe African countries in a meeting with lawmakers on immigration.

The Justice Department's move to go directly to the Supreme Court is unusual as the administration is essentially seeking to circumvent the 9th Circuit appeals court, which has previously ruled against it over Trump's travel bans on people entering the United States from seven Muslim-majority countries.

Even if the high court agrees to take up the case, it is unlikely to rule until its next term, which starts in October and runs until June 2019.

(Reporting by Lawrence Hurley; Additional reporting by Dan Levine; Editing by Will Dunham; Editing by Will Dunham)

RELATED: Faces of those impacted by DACA

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Faces of those impacted by Deferred Action for Childhood Arrivals (DACA)
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Faces of those impacted by Deferred Action for Childhood Arrivals (DACA)
Paulina, 26, a DACA recipient, is comforted after watching U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. Paulina, a graduate of UCLA, arrived in the U.S. when she was 6 years old. She said the decision was really upsetting but she was going to continue to work to push members of Congress to enact a law to protect their rights. "We are not going to give up", she said. REUTERS/Monica Almeida
Young DACA recipients, Mario, Melanie and Luis, watch U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. REUTERS/Monica Almeida
Jorge-Mario Cabrera, CHIRLA spokesman and Communications Director (R), along with staff and young DACA recipients watches U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. REUTERS/Monica Almeida
NEW YORK, NY - FEBRUARY 18: A family fills out an application for Deferred Action for Childhood Arrivals (DACA), at a workshop on February 18, 2015 in New York City. The immigrant advocacy group Make the Road New York holds weekly workshops to help immigrants get legal status under DACA to work in the United States. An expansion of the national program, scheduled for this week, was frozen by a ruling from a Texas federal judge. The Obama Administration plans to appeal the ruling and, if sussessful, DACA would allow legalization of up to two million immigrants who entered the United States before they were age 16. (Photo by John Moore/Getty Images)
LOS ANGELES, CA - AUGUST 15: People attend an orientation class in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Mitzi Pena, 19, (R) her sister Yaretzi Pena, 5, and her cousin Karina Terriquez, 20, (L) wait in line to receive assitance in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: People attend an orientation class in filing up their application for Deferred Action for Childhood Arrivals program at Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work. (Photo by Kevork Djansezian/Getty Images)
Edgar Lopez shows his Employment Authorization Card, at home in Davenport, Florida, February 1, 2013. Edgar and his brother Javier are among the 1.7 million estimated illegal immigrants younger than 30 who were brought to the U.S. as children and are eligible for Deferred Action for Childhood Arrivals. (Ricardo Ramirez Buxeda/Orlando Sentinel/MCT via Getty Images)
LOS ANGELES, CA - AUGUST 15: Oscar Barrera Gonzalez along with a group of immigrants, known as DREAMers, hold flowers as they listen to a news conference to kick off a new program called Deferred Action for Childhood Arrivals at the Coalition for Humane Immigrant Rights of Los Angeles on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Roberto Larios, 21, (R) holds Deferred Action for Childhood Arrival application as he waits in line with hundreds of fellow undocumanted immigrants at the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Brenda Robles, 20, (R) holds her high school diploma as she waits in line with her friends at at the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
LOS ANGELES, CA - AUGUST 15: Hundreds of people line up around the block from the Coalition for Humane Immigrant Rights of Los Angeles offices to apply for deportation reprieve on August 15, 2012 in Los Angeles, California. Under a new program established by the Obama administration undocumented youth who qualify for the program, called Deferred Action for Childhood Arrivals, can file applications from the U.S. Citizenship and Immigration Services website to avoid deportation and obtain the right to work (Photo by Kevork Djansezian/Getty Images)
Undocumented UCLA students Alejandra Gutierrez (L) and Miriam Gonzales attend a workshop for the Deferred Action for Childhood Arrivals program in Los Angeles, California, August 15, 2012. President Barack Obama's administration announced on June 15 it would relax U.S. deportation rules so that many young illegal immigrants who came to the United States as children can stay in the country and work. The changes went into effect on Wednesday. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Alan Valdivia receives assistance in filling out paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
People fill out paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June.REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Students wait in line for assistance with paperwork for the Deferred Action for Childhood Arrivals program at the Coalition for Humane Immigrant Rights of Los Angeles in Los Angeles, California, August 15, 2012. The U.S. government began accepting applications on Wednesday from young illegal immigrants seeking temporary legal status under relaxed deportation rules announced by the Obama administration in June. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Undocumented UCLA students prepare paperwork for the Deferred Action for Childhood Arrivals program in Los Angeles, California, August 15, 2012. President Barack Obama's administration announced on June 15 it would relax U.S. deportation rules so that many young illegal immigrants who came to the United States as children can stay in the country and work. The changes went into effect on Wednesday. REUTERS/Jonathan Alcorn (UNITED STATES - Tags: POLITICS SOCIETY IMMIGRATION)
Paulina, 26, a DACA recipient during U.S. Attorney General Jeff Sessions' announcement on the Deferred Action for Childhood Arrivals (DACA) program, on a projection screen at the Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA) headquarters in Los Angeles, California, U.S., September 5, 2017. Paulina, a graduate of UCLA, arrived in the U.S. when she was 6 years old. She said the decision was really upsetting but she was going to continue to work to push members of Congress to enact a law to protect their rights. "We are not going to give up", she said. REUTERS/Monica Almeida
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