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The Justice Department on Tuesday announced plans to appeal a federal judge’s ruling that directed the federal government to restart the Deferred Action for Childhood Arrivals (DACA) program, saying the nationwide injunction defies “both law and common sense.”
The DACA litigation is playing out as Congress nears a deadline to reach a budget deal or face a government shutdown.
Key developments:
BAL Analysis: Last week’s ruling on DACA was welcomed by supporters of the program, but, as expected, the administration is moving to appeal the decision. The decision to ask the Supreme Court for a review indicates how serious the administration is about dismantling the program, at least as it exists in its current state. DACA’s supporters in Congress continue to work on a legislative fix, though it is not clear a deal will be reached by Friday, the deadline for passing a new funding bill. A government shutdown would affect a number of immigration programs and processes, as BAL outlined in this FAQ.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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