Posted on 02/20/2015 11:35:28 AM PST by jazusamo
The Obama administration will seek an emergency court order to move forward with President Obamas 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."
The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.
"We as immigrants and as Americans have waited for nearly a quarter century for these much-needed improvements to our broken immigration system," Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. "We should not allow a flawed legal decision to delay these changes any longer.
Making good on earlier vows, DOJ will also file a separate appeal seeking to restart the executive programs.
"We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system, Earnest said.
At issue are two new initiatives launched unilaterally by Obama on Nov. 20.
The first expands eligibility for the president's 2012 Deferred Action for Childhood Arrivals (DACA) program, which halts deportations and allows work permits for certain undocumented immigrants brought to the country as children. The second, known as DAPA, would extend similar benefits to the parents of U.S. citizens and permanent legal residents.
Combined, the programs could affect as many as 5 million immigrants living in the country illegally.
Many states, however, were quick to object. And Texas joined by 25 other states filed a lawsuit contending the programs marked an abuse of executive authority that would cripple their budgets with exorbitant new costs.
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.
Hanen has not yet ruled on the merits of the states' complaints, but said they have a significant enough case that both the DAPA and expanded DACA programs should be put on hold until the legal challenges are resolved.
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.
Hanen's injunction does not affect the original DACA program, which remains up and running.
Last updated at 2:13 p.m.
N O !!
Dueling judges.
emergency court order helps Obama’s Illegals and Hurt US citizens , Good Move Sherlock
And this is when a True Statesman and Leader of the Senate would abolish the Filibuster and bombard Obama with legislation on what we the people want,forcing him to VETO EVERYTHING and look like the petulant,marxist,muslim,man-child he truly is.
Force him to show his True Colors.
Another gigantic middle finger to America from these traitors. Is congress going to say or do anything?
Hates Christians.
Hates the United States.
Hates me.
Luis Gutierrez, says the Hispanics are livid and they’re going to really take it out on you at the next election ,LOL
T-R-A-I-T-O-R.
Backed by a party composed of an unholy mix of traitors and useful idiots. Probably somewhat more of the latter, but so what?
Emergency??? This should be entertaining.
AN ACT OF LUV:
His methods are transparent. Flood the nation with all manner of flotsam to engorge the dem votor base and destabilize the citizenry. Hugo Chavez did the same exact thing. The bum should have been arrested a long time ago.
If, and only if, that is. I wonder what Turtle-man thinks.
YES!
Its an emergency!
Where is the emergency?
Unless they need someone to shovel snow in Boston.
I’m sure they’ll find a corrupt democrat (but I repeat myself) judge on whom they have a little dirt...
#1 - Hates Christianity & Christians
Hates the Constitution because it was founded on Christian principles.
Hates the United States because it was founded on Christian principles.
Hates you because you ascribe to Christian principles.
All stems from #1.
Nail, meet hammer.
May as well just start the war since we’ve already been invaded by foreign enemies.
“Another gigantic middle finger to America from these traitors.”
You’re exactly right and he takes pleasure it doing so. When I saw the title it confirmed what I thought when his people said they would not seek an emergency order—they’re lying.
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