Immigration Reform News 2015 Latest: Obama Administration Asks Court to Lift Order Blocking Immigration Programs
The U.S. Department of Justice asked a federal appeals court on Thursday to issue a stay order pending appeal against a district court injunction that prohibits the Obama administration from implementing its immigration reform programs.
In filing the motion before the U.S. Court of Appeals for the Fifth District, the department said the "preliminary injunction restrains the exercise of that prosecutorial discretion" by the Department of Homeland Security that aims "to effectively prioritize the removal of aliens who have recently crossed the border, committed crimes, or threaten public safety and national security by, inter alia, establishing guidelines for considering requests for temporarily deferring removal of other aliens who pose no such threats and have longstanding and close family ties to the United States."
It said the injunction undermined the Homeland Security secretary's authority to enforce immigration laws.
"The district court's order is unprecedented and wrong," according to the justice department motion, saying that the Constitution does not entitle States to intrude into the federal domain of immigration enforcement.
Last month, Texas Judge Andrew Hanen of the U.S. District Court issued an injunction against the Obama administration's executive actions which were announced last November. The injunction stemmed from a lawsuit filed by 26 states against the immigration programs.
The filing with the appeals court came after the Texas court issued a ruling last March 9 that postpones action on any pending motion.
According to the justice department, the appeals court should allow the immigration programs to be implemented and set aside the injunction in states outside Texas or in states that are not parties to the lawsuit.
"We request that the appellees be directed to respond within seven days after the filing of this motion and that the Court act on the motion within 14 days after the filing of the motion," the department asked the appellate court.
There are an estimated 11 million undocumented immigrants in the U.S. and the Obama administration has implemented the expanded Deferred Action for Childhood Arrivals, or DACA, and Deferred Action for Parents of Americans and Lawful Permanent Residents, or DAPA, that granted relief from deportation of certain eligible aliens.
The justice department said the Texas court "erred in finding that Texas had standing based on financial costs it allegedly will incur when aliens who receive deferred action and obtain work
authorization apply for driver's licenses."
"This harm is indirect, speculative, and not cognizable," the justice department said. "Nothing in the Guidance requires aliens who receive work authorization to apply for licenses, requires States to issue licenses to these aliens, or requires States to charge a particular fee."
The department argued that the government "will suffer irreparable harm absent a stay."
"An injunction interfering with immigration enforcement, issued at the behest of the States, offends basic separation-of-powers and federalism principles and impinges on core Executive functions," the motion read.
