Department of Justice lawyers filed a notice of appeal and a motion for a stay on Monday with Texas Judge Andrew S. Hanen in an attempt to postpone a hold on President Barack Obama’s executive action on immigration.
U.S. District Judge Hanen filed a preliminary injunction on February 16 against a plan that Obama announced late last year to protect millions of undocumented immigrants from deportation. The first piece of the program—the expansion of the Deferred Action for Childhood Arrivals program—was scheduled to begin on February 18. The other program, Deferred Action for Parental Accountability, was scheduled to begin in May. Together, around 4.7 million undocumented immigrants would be eligible for deferred deportation. Texas and 25 other states have filed a lawsuit arguing that executive action on immigration was unconstitutional, and claiming that it would obligate states to increase their funding for healthcare and education. Twelve states and Washington, D.C., along with 33 cities, the U.S. Conference of Mayors and the National League of Cities have signed an amicus brief in support of Obama’s executive action on immigration.
Hanen’s ruling has already interrupted the federal government’s immigration action plans: on Friday, the U.S. Citizenship and Immigration Service’s lease on an office building in Virginia to process applications for the program was canceled. A hold on the stay would allow the program to continue throughout the government’s appeal process.
If Hanen rejects the motion, the U.S. government is likely to request a stay at the 5th U.S. Circuit Court of Appeals in New Orleans. Hanen’s decision is expected by the close of business on Wednesday, February 25.
Yesterday, Speaker John Boehner (R-OH) effectively squashed the possibility of passing comprehensive immigration reform legislation this year, blaming President Barack Obama for stalled negotiations. During a midday news conference on Capitol Hill, Boehner said “There’s widespread doubt about whether this administration can be trusted to enforce our laws,” and that reform has a slim chance of passing until that perception among House Republicans changes.
The announcement comes a week after the GOP released a statement of principles for immigration policy—including a path to legal status for undocumented immigrants—which were seen by some as a positive step toward making a deal on reform. However, facing increasing conservative opposition to pursuing reform in a midterm election year, Boehner has decided to back down for now. Representative Raúl Labrador (R-ID) went so far as to say that Boehner’s earlier support of reform legislation should cost him his speakership.
The White House defended President Obama’s record of enforcing border security and other immigration laws, having already deported nearly 2 million immigrants. And while the chances for comprehensive reform appear bleak, House Republicans like Majority Leader Eric Cantor (R-VA) and House Judiciary Committee Chairman Bob Goodlatte (R-VA) and others are still working on piecemeal legislation to address Dreamers, visas for low-skilled workers, and increase security enforcement.
Republican leaders in the House of Representatives released a long-awaited list of standards on immigration reform legislation on Thursday. The announcement comes seven months after the Senate approved its own comprehensive bill that stalled in the House.
The GOP standards include a pathway to citizenship for young people brought to the U.S. as children, and legal status for the remaining 11 million undocumented immigrants currently in the country. Like the Senate bill, the Republican standards also support changes to the visa system, increased border security and create a biometric system to track who is entering or exiting the United States.
"I believe these standards represent a fair, principled way for us to solve this issue, beginning with securing our borders and enforcing our laws," House Speaker John Boehner (R-Ohio) said. Even with the standards, however, it remains to be seen whether comprehensive immigration reform—a priority for President Barack Obama—will become law this year.