The U.S. government filed an appeal in the Federal Court of Appeals to reverse a temporary order issued against President Obama’s deferred action to shield millions of illegal immigrants from removal, sources of the media has confirmed.
The U.S. Justice Department attorneys applied for a “stay” to reverse a federal district judge’s ruling to stop Obama’s executive immigration action, which would allows 6 million immigrants to remain in the United States.
Government attorneys presented a motion for a stay with U.S. District Judge Andrew Hanen of Brownsville, Texas. Last week, the Hon. Hanen granted a preliminary injunction in favor of the 26 states that filed a complaint against the U.S. government to prevent that Obama’s executive action on immigration goes into effect.
These 26 states, led by Texas, are arguing that Obama’s extended deferred action is unconstitutional, and would force states to invest more in law enforcement, health care and education.
The Deferred Action program
Obama unveiled his executive deferred action plan last November, stating that he was forced to take such extreme measure because of the impasse of Congress on a comprehensive immigration reform. Republicans claim that Obama is abusing his powers, and have stopped the funds for the Department of Homeland Security until an agreement with Democrats is reached to eliminate Obama’s executive order.
The first executive order, expanding the deferred action for childhood arrival had been set to take effect on February 18. The other executive order would have extended the deferred action from removal to parents of U.S. citizens and permanent residents who have been in the United States for at least five years.
The application for a stay is separate from the appeal presented by the federal government to the U.S. Court of Appeals for the 5th Circuit. That appeal, once perfected, would probably take five to ten months to be decided. This would of course spoil Obama’s executive order on the extended deferred action, even if the Government is eventually successful on the lawsuit.