The 5th Circuit Court of Appeals today denied the Obama Administration's request for an expedited ruling on Judge Andrew Hanen’s injunction blocking President Obama's executive amnesties.
Justice Department attorneys asked the court to rule within seven days but the court allowed the normal 10-day period for states to respond to the Administration's request. Politico reports this could be an early sign that the 5th Circuit may not want to overturn Judge Hanen’s injunction quickly.
The Obama Administration on Thursday sought to sidestep Judge Hanen’s injunction blocking President Obama’s executive amnesties by asking the 5th Circuit Court of Appeals to set aside the judge’s order. The Justice Department’s emergency motion said, “The district court’s order is unprecedented and wrong. The Constitution does not entitle States to intrude into the uniquely federal domain of immigration enforcement.”
The Administration wants the 5th Circuit to block Hanen’s order while it pursues an appeal. As an alternative remedy, the Administration would accept a narrowing of Judge Hanen’s injunction to cover just the State of Texas instead of all states.
Judge Hanen issued a temporary injunction in response to a case brought by 26 governors and attorneys general that claimed Obama’s actions caused them “irreparable harm.” The Justice Department asked the judge to stay his order but he delayed the request while states provided the court more information on how the executive amnesties adversely affected them.
This week, Judge Hanen again delayed the request for a stay after the states alleged the Administration had misled the judge when attorneys failed to disclose the issuance of 100,000 work permits to Deferred Action for Childhood Arrivals (DACA) aliens prior to his injunction. Judge Hanen ordered Justice Department attorneys to respond to the allegation in his court on March 19th.
Read more in Politico.
Updated: Wed, Oct 11th 2017 @ 3:13pm EDT