Instead of waiting for the US Court of Appeals for the Ninth Circuit [official website] to review the district court's order, the Justice Department has asked the Supreme Court to bypass normal protocol and review the case now.
After the injunction, President Trump responded on Twitter, writing: "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 nearly always wins before being reversed by higher courts".
The court's ruling could be one of its most significant pronouncements on the chief executive's power, acting on his own, to decide who may come to the United States.
The DACA program has gotten twisted out of all recognition in recent months after the Trump administration announced last September it thought the program as established in 2012 was illegal, and began a six-month phase-out.
"The courts below have overridden the president's judgments on sensitive matters of national security and foreign relations, and severely restricted the ability of this and future presidents to protect the nation", Solicitor General Noel Francisco, the government's Supreme Court lawyer, wrote in his petition to the high court. In December, for example, it lifted court of appeals' injunctions to allow implementation of aspects of the latest version of the travel ban. The administration asked the court to resolve the dispute this term, but did not ask justices to immediately halt the lower court order. Justices Ruth Bader Ginsburg and Sonia Sotomayor dissented.
Detractors say the order amounts to a ban on Muslims, citing his anti-Muslim campaign record and the fact that each of the seven initial countries on the ban list were Muslim majority. Congress said at the time it wanted to end the discriminatory system of national quotas.
"The immigration laws do not grant the president this power: Congress has delegated him only a measure of its authority to exclude harmful aliens or respond to exigencies, and it has expressly prohibited discrimination based on nationality".
The administration is directly appealing a ruling from earlier this week by U.S. District Judge William Alsup of San Francisco blocking Trump's effort to dismantle the Deferred Action for Childhood Arrivals program.