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.