Supreme Court inaction suggests DACA safe for another year

WASHINGTON (AP) -- The Obama-era program that shields young immigrants from deportation and that President Donald Trump has sought to end seems likely to survive for at least another year.

That's because the Supreme Court took no action Friday on the Trump administration's request to decide by early summer whether Trump's bid to end the Deferred Action for Childhood Arrivals program was legal. The program has been protected by several federal courts.

Based on the high court's usual practices, the earliest the justices would hear arguments in the case would be this fall, if they decide to hear the case at all. If arguments take place in October, a decision would not be likely before 2020, when it could affect the presidential campaign.

The administration "never asked for a stay of the rulings below which to us indicated it has known all along that there's no real rush to resolve these important issues," said Theodore Boutrous Jr., a lawyer in Los Angeles who represents some young immigrants who challenged the administration's plans.

Trump and Congress could take the issue out of the court's hands altogether if they strike a deal on the program known as DACA, perhaps even in negotiations to end the partial government shutdown.

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Furloughed workers protest amid government shutdown
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Furloughed workers protest amid government shutdown
Union workers demonstrate in front of the White House against the government shutdown on January 10, 2019, in Washington, DC. - US President Donald Trump headed Thursday to the US-Mexico border to push his demand for a wall, a day after he walked out of negotiations with Democrats in a political crisis paralyzing the government. (Photo by NICHOLAS KAMM / AFP) (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)
Union members and Internal Revenue Service workers rally outside an IRS Service Center to call for an end to the partial government shutdown, Thursday, Jan. 10, 2019, in Covington, Ky. (AP Photo/John Minchillo)
IRS worker Christine Helquist joins a federal workers protest rally outside the Federal Building, Thursday, Jan., 10, 2019, in Ogden, Utah. Payday will come Friday without any checks for about 800,000 federal employees affected by the government shutdown, forcing workers to scale back spending, cancel trips, apply for unemployment benefits and take out loans to stay afloat. (AP Photo/Rick Bowmer)
IRS worker Angela Gran, center, and others participate in a federal workers protest rally outside the Federal Building, Thursday, Jan., 10, 2019, in Ogden, Utah. Payday will come Friday without any checks for about 800,000 federal employees affected by the government shutdown, forcing workers to scale back spending, cancel trips, apply for unemployment benefits and take out loans to stay afloat. (AP Photo/Rick Bowmer)
Cheryl Monroe, right, a Food and Drug Administration employee, and Bertrice Sanders, a Social Security Administration employee, rally to call for an end to the partial government shutdown in Detroit, Thursday, Jan. 10, 2019. (AP Photo/Paul Sancya)
Government workers rally against the partial government shutdown at Federal Plaza, Thursday, Jan. 10, 2019, in Chicago. The partial government shutdown continues to drag on with hundreds of thousands of federal workers off the job or working without pay as the border wall fight persists. (AP Photo/Kiichiro Sato)
People gather during a federal workers protest rally at the Federal Building Thursday, Jan., 10, 2019, in Ogden, Utah. (AP Photo/Rick Bowmer)
People gather during a federal workers protest rally at the Federal Building Thursday, Jan., 10, 2019, in Ogden, Utah. (AP Photo/Rick Bowmer)
Furloughed TSA worker Marae Persson shows participates in a federal workers protest rally at the Federal Building Thursday, Jan., 10, 2019, in Ogden, Utah. (AP Photo/Rick Bowmer)
Furloughed National Park Service ranger Kathryn Gilson, center, listens as fellow furloughed ranger Sean Ghazala, left, speaks to the media, Thursday, Jan. 10, 2019, during a press conference and rally at Staten Island's La Colmena Center in New York. Ghazala is based at Manhattan's African Burial Ground, and Gilson works at Gateway National Recreation Area, a national park encompassing wetlands surrounding New York city and parts of New Jersey's coastline. Gilson says she is home "bouncing off the walls" and worrying about paying her bills and student loan. Staten Island is a largely Republican borough of New York city, but Democrat Max Rose recently defeated his Republican opponent in the 2018 congressional elections. (AP Photo/Kathy Willens)
People rally to call for an end to the partial government shutdown in Detroit, Thursday, Jan. 10, 2019. (AP Photo/Paul Sancya)
Union members and other federal employees protest the government shutdown on Capitol Hill in Washington, Thursday, Jan. 10, 2019. (AP Photo/Andrew Harnik)
Union members protest the government shutdown on Capitol Hill in Washington, Thursday, Jan. 10, 2019. (AP Photo/Andrew Harnik)
Union members and other federal employees stop in front of the White House in Washington during a rally to call for an end to the partial government shutdown, Thursday, Jan. 10, 2019. . (AP Photo/Pablo Martinez Monsivais)
A demonstrator holds a 'Stop The Shutdown' sign during a rally with union members and federal employees to end the partial government shutdown outside the White House in Washington, D.C., U.S., on Thursday, Jan. 10, 2019. The partial government shutdown entered its 20th day today as its impact is more widely felt with about 800,000 federal workers who will miss their paychecks on Friday. Photographer: Andrew Harrer/Bloomberg via Getty Images
Union workers demonstrate in front of the White House against the government shutdown on January 10, 2019, in Washington, DC. - US President Donald Trump headed Thursday to the US-Mexico border to push his demand for a wall, a day after he walked out of negotiations with Democrats in a political crisis paralyzing the government. (Photo by NICHOLAS KAMM / AFP) (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)
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The immigration case is among several high-profile issues the court has apparently decided not to add to its calendar for decision by late June. Other pending appeals involve Indiana abortion restrictions, whether the main federal employment discrimination law protects LGBT people and Trump's policy to limit military service by transgender people. The court also has yet to act on a separate administration request to let the transgender policy take effect, even before the case is decided.

On immigration, the administration sought to end DACA in 2017, but federal courts in California, New York and Washington, DC, have prevented it from doing so. A federal judge in Texas has declared the program is illegal, but refused to order it halted.

DACA has protected about 700,000 people who were brought to the U.S. illegally as children or came with families that overstayed visas.

The Obama administration created the DACA program in 2012 to provide work permits and protection from deportation to people who, in many cases, have no memory of any home other than the United States.

The Trump administration has said it moved to end the program under the threat of a lawsuit from Texas and other states, raising the prospect of a chaotic end.

Then-Attorney General Jeff Sessions determined DACA to be unlawful because President Barack Obama did not have the authority to adopt it in the first place. Sessions cited a 2015 ruling by the federal appeals court in New Orleans that blocked a separate immigration policy implemented by Obama and the expansion of the DACA program.

Texas and other Republican-led states eventually did sue and won a partial victory in a federal court in Texas. Civil rights groups, advocates for immigrants and Democratic-led states all have sued to prevent the end of the program.

In November, a three-judge panel of the federal appeals court in San Francisco ruled that the administration decision to end DACA was arbitrary and capricious.

The appeals court noted that the federal government has a long and well-established history of using its discretion not to enforce immigration law against certain categories of people.

18 PHOTOS
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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While the federal government might be able to end DACA for policy reasons under its own discretion, it can't do so based on Sessions' faulty belief that the program exceeds federal authority, the court held.

The administration has twice tried to sidestep the appeals courts and win a swift ruling by the Supreme Court. The justices rejected a first attempt last year as premature. In taking no action so far on the second request, the high court is signaling that it considers the issue less urgent than the administration does.

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