Mike Lillis, The Hill, February 20, 2015
The Obama administration will seek an emergency court order to move forward with President Obama’s executive action on immigration.
Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.
White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”
Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs.
In a decision announced near midnight on Monday, U.S. District Judge Andrew S. Hanen agreed, arguing that the administration failed to comply with a federal law governing the adoption of new federal rules.
The effects of the decision were immediate, as administration officials quickly announced that they would not begin accepting applications for either program until the court decisions are final.
Before the ruling, the Homeland Security Department was poised to begin accepting applications for the expanded-DACA program this week, and the for the DAPA program in May. Both have been suspended indefinitely.