The Trump administration is again asking the Supreme Court to resolve questions over the legality of the administration's attempt to end the Deferred Action for Childhood Arrivals program.
In a letter filed with the Supreme Court on Monday, Solicitor General Noel Francisco told the court that the Justice Department was filing the request — for the court to take up the issue before any appeals court has ruled in any of the several cases challenging the move — so that the court would be able "to consider this dispute during the current Term."
The Justice Department filed the legal request — a petition for certiorari before judgment — in cases out of California, New York, and Washington, DC, in which judges sided with challengers to the administration's decision to end DACA, issuing orders leaving parts of the program in place for the time being.
While a judge in another case, out of Texas, ruled that the DACA program is likely illegal, that judge also declined to issue an injunction halting the program immediately. That case was not included in Monday's Supreme Court filing.
New York Attorney General Barbara Underwood highlighted this issue — of the Justice Department seeking to bypass the appeals court — in a tweet calling the practice "a remarkable lack of respect for the judicial process."