Monday, December 4, 2017

Trump administration asks Supreme Court to intervene in DACA document dispute


for SCOTUSBlog provides the latest developments in the litigation challenge in the rescission of the Deferred Action for Childhood Arrivals program, which provided limited relief to undocumented youth.  

Last night, the U.S. government asked the Supreme Court to step into a dispute over documents related to the Trump administration’s decision to end DACA. In an emergency filing, the government asked the court to block a set of orders issued by a federal court in California that would require the U.S. government to review (and potentially turn over) “hundreds of thousands of documents.”

The orders came in litigation challenging the decision to terminate DACA. The district court ruled that the documents that the government submitted during discovery were not enough, and that the Trump administration should also have submitted documents from the White House and the Department of Justice, as well as additional documents from the Department of Homeland Security. The district court later instructed the government to “be ready to file” a complete set of documents by December 22.

In last night’s filing, the Trump administration emphasized that the lower court’s view of what records the government needs to provide is wrong. Moreover, it added, complying with the district court’s orders will “impair the performance of other essential DHS and DOJ functions.” “DHS estimates,” the government stressed, that “it would take at least 2,000 hours to respond to pending document requests alone.”

Justice Anthony Kennedy, who handles emergency requests from the 9th Circuit, called for a response to the government’s filing by 4 p.m. on Wednesday, December 6.


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