DOJ to appeal San Fran DACA ruling, will ask Supreme Court to end program


The Justice Department on Tuesday said it plans to appeal a lower-court ruling that blocked the Trump administration from ending an Obama-era program aimed at shielding immigrants brought to the U.S. illegally as children from deportation.

In a separate release, the Justice Department said it will also seek a review by the U.S. Supreme Court –even before a ruling from the appeals court.

Last week, a San Francisco-based federal judge blocked the Trump administration from reversing the Deferred Action on Childhood Arrivals program, which has shielded more than 700,000 people from deportation since its inception.

“It defies both law and common sense for DACA—an entirely discretionary non-enforcement policy that was implemented unilaterally by the last administration after Congress rejected similar legislative proposals and courts invalidated the similar DAPA policy – to somehow be mandated nationwide by a single district court in San Francisco,” Attorney General Jeff Sessions said in a statement Tuesday.

Sessions added that the Justice Department would also be “taking the rare step of requesting 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.”

The president has been vocal on the San Francisco ruling, tweeting just hours after the announcement that America’s court system is “broken” and “unfair.”

“It just shows everyone how broken and unfair our Court system is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts,” President Trump tweeted.

In September, Trump ended DACA, which had been in place since 2012.

The president is currently negotiating with lawmakers over comprehensive immigration reform, which would include his campaign promise of a wall along the U.S.-Mexico border, while Democrats are pushing to protect immigrants under DACA.

Fox News’ Brooke Singman contributed to this report. 

Jake Gibson is a producer working at the Fox News Washington bureau who covers politics, law enforcement and intelligence issues.