Arizona DACA dispute will not go before the U.S. Supreme Court

The U.S. Supreme Court declined to hear a case testing the limits of the Deferred Action for Childhood Arrivals program as it applies to conflicting state laws.

The state of Arizona asked the justices to reverse a decision by the 9th U.S. Circuit Court of Appeals. The Circuit affirmed a district court injunction blocking Arizona from implementing a state law that denied driver's licenses to people brought into the country illegally and who received DACA protection. Brewer et al. v. Arizona Dream Act Coalition, et al., 16-1180.

The 9th Circuit decision, which held that the federal immigration policy preempted the state's police interests, garnered a call for an en banc rehearing vote, which was denied. But the conservative wing of the 9th Circuit wrote a lengthy dissent, arguing that because DACA was implemented unilaterally by executive power, it did not necessarily preempt Arizona's interests.

In June, the justices requested the U.S. Solicitor General's opinion on the case.

Months later, before the solicitor general responded, the Trump administration announced it was rescinding the program.

U.S. District Judge William Alsup enjoined the government's efforts shortly thereafter, at which point the solicitor general, Noel Francisco, requested immediate review of Alsup's injunction.

Arizona hoped it had an ally in Francisco, but the federal government's lawyer urged the justices not to take Brewer last month. Francisco argued that Arizona's concerns had been met by the decision to end DACA. Reversing Alsup's injunction, he told the justices, should be the court's focus.

In February, the court declined to immediately review Alsup's order.

Responding to Monday's high court decision, Arizona Attorney General Mark Brnovich said in an emailed statement, "Our case has always been about more than just driver's licenses. It's about the separation of powers and whether the president, any president, can unilaterally act and bypass Congress to create new laws. We are disappointed in today's decision because we believe the court sidestepped the underlying issue of whether President Obama had the authority to create DACA. It's up to Congress now to determine how to address DACA policy and whether to provide recipients with a legally sound and lasting solution."

The Arizona Dream Act Coalition, which filed the lawsuit challenging Arizona's law, hailed Monday's announcement as a meaningful win.

"Today, DACA recipients in Arizona can declare victory in our fight to end the state's malicious attack that spanned six years and two governors and was aimed at stripping us of basic civil rights," said the group's executive director, Karina Ruiz.