Thursday, 22 November, 2018

Trump Administration Seeks Supreme Court Review of Immigration Case

The U.S. Supreme Court rejected AT&T's appeal to overturn the 2015 net neutrality rules.                  CNET  Marguerite Reardon The U.S. Supreme Court rejected AT&T's appeal to overturn the 2015 net neutrality rules. CNET Marguerite Reardon
Sherri Watson | 08 November, 2018, 21:30

The federal government tonight returned to the Supreme Court, asking it once again to intervene in a dispute over the Trump administration's decision to end the program known as "Deferred Action for Childhood Arrivals", which allows undocumented immigrants who came to the United States as children to apply for protection from deportation.

On the merits of the dispute, the Trump administration contends that its decision to terminate DACA can not be reviewed in court, since the program exists entirely at the executive branch's discretion. In a brief two-sentence order in February, the court rejected the government's request "without prejudice" - leaving the government the option to file another petition for review later on, presumably after the 9th Circuit ruled on its appeal. Francisco told the Court Monday he believes the matter would be ready to be fully considered for the Court's January 4, 2019 conference and, should the justices decide to take the case, oral arguments in April, with a decision to follow before the Court's term ends in June.

The appeal was unusual in that the FCC's 2015 net neutrality rules have already been repealed under the current administration, following a Commission vote last December in which members voted 3-2 along party lines.

The "DACA" program - formally, Deferred Action for Childhood Arrivals - was created by the Obama Administration, and has spared almost 700,000 immigrant youths from being sent back to countries from which they came as children with their parents.

The U.S. Supreme Court has decided not to review a challenge made by the telecom industry against the original rules for net neutrality that were decided on during the Obama-era.

DACA does not provide a path to USA citizenship but does allow those accepted into the program to get renewable two-year permits to remain in the country, to go to school, to work and to share in some federal benefit programs.

The case has been before the ninth circuit in San Francisco for six months and the court takes an average of 23 months to issue a final ruling. Then last September, he announced that DACA would end six months later unless Congress replaced Obama's executive action with legislation. The D.C. Circuit upheld the regulations, prompting industry groups to escalate the case to the Supreme Court.

But the Supreme Court today said it has denied petitions filed by AT&T and broadband lobby groups NCTA, CTIA, USTelecom, and the American Cable Association. His work has appeared here since mid-2011.