by Brian Hayes | Top Right News
The Department of Justice will seek a stay on a federal judges ruling that threw Barack Obamas executive immigration plans into chaos, and re-energized opponents of amnesty for millions of illegal aliens.
U.S. District Court Judge Andrew Hanen issued an order last Monday to temporarily halt the Obama administration from starting policies to hand as many as 5 million illegal aliens a complete reprieve from deportation and work authorization permits.
Obamas decree issued right after the November elections is now on hold as the judge considers a case brought by 26 states over the constitutionality of the policies.
White House press secretary Josh Earnest told reporters Friday that the stay will be filed at the U.S. Court of Appeals for the Fifth Circuit in New Orleans by next Monday at the latest, and will be in addition to an appeal, he said.
Obama wants the amnesty actions to be able to move forward until an appeals court examines the lower judges ruling.
Obama announced his intention in November to expand the Deferred Action for Childhood Arrivals (DACA) executive action, that handed work permits and freedom from deportation to illegal aliens who came to the country as children. That program has been blasted as being ripe with fraud, as a staggering 99.5% of applicants have been granted relief under the policy, with lax documentation requirements for proof.
Obama also announced the creation of a new program without any legislation from Congress which he terms the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) , that would do the same for parents of those DACA illegals despite having promised in the past that those lawbreaking parents would never receive such benefits.
The states lawsuit, led by Texas, asserts that the programs are unconstitutional and would impose a burden on their governments. Judge Hanen appears to believe that their case would prevail at trial, and thus ordered a halt to Obamas executive actions.
Obama said said earlier this week that he remains confident the policies are lawful and will eventually be allowed to proceed. Earnest echoed that point on Friday.
We believe that when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps that he announced late last year to reform our broken immigration system, Earnest said at a press briefing.