President Trump on Wednesday dinged his own Justice Department for not urging the Supreme Court to take up a case involving driver's licenses for young illegal immigrants.
“Department of Justice should have urged the Supreme Court to at least hear the Drivers License case on illegal immigrants in Arizona,” the president tweeted Wednesday. “I agree with @LouDobbs. Should have sought review.”
The Supreme Court on Monday said it is rejecting Arizona's plea to stop issuing driver's licenses to young immigrants known as "Dreamers" who are protected from deportation.
The Trump administration's solicitor general urged the Supreme Court not to hear the appeal, saying the questions in the case "have been overtaken by events."
The Trump administration is trying to end the Deferred Action for Childhood Arrivals program, or DACA, but has been blocked by federal courts.
The justices did not comment Monday on leaving in place an appeals' court decision in favor of the immigrants who sought licenses.
On Fox Business’ “Lou Dobbs Tonight,” Dobbs criticized the Trump administration for not pushing the high court to take up the issue.
“The Trump administration, where was it?” Dobbs said on his show Tuesday night. “The Trump administration urging the Supreme Court not to hear the appeal at all, saying the questions in the case 'have been overtaken by events.' Are you kidding me?””
The president, though, could have directed his administration to take action, Fox News has learned.
Trump, through the White House Counsel’s Office, could have directed the solicitor general to bring a brief before the Supreme Court asking the high court to hear the case.
Arizona sought to prevent DACA-protected immigrants from getting licenses. Then-Gov. Jan Brewer cited a desire to reduce the risk of licenses being used to improperly access public benefits.
About 20,000 young immigrants in Arizona are protected from deportation under DACA, a 2012 program started by the Obama administration.
Trump has repeatedly lambasted his attorney general, Jeff Sessions, on a number of issues, particularly over his decision to recuse himself from investigations relating to the Trump campaign and Russian meddling. Trump has said he would not have hired Sessions if he knew what he was going to do.
But as recently as Tuesday, Trump praised Sessions for his work on curbing illegal immigration.
"Jeff, I will say the level of strength of the Justice Department on this issue and on other border issues has been fantastic, so we appreciate it very much," Trump said during a roundtable on sanctuary cities.
Fox News’ Adam Shaw, Jake Gibson and The Associated Press contributed to this report.