The government is seeking an immediate stay of this week's ruling by a federal district judge in Texas that temporarily blocked implementation of President Obama's 2014 immigration actions, reports the
Associated Press.
The Justice Department paperwork will be filed with a federal court in Texas by Monday, said White House spokesman Josh Earnest.
Earnest said the decision to seek a stay is separate from the administration's plan to appeal Monday's ruling by U.S. District Judge Andrew Hanen in Texas. He said Obama's advisers believe the president acted within his rights last year when he used his executive authority to spare from deportation as many as 5 million people who are in the U.S. illegally.
Immigration activists had called on the administration to seek the stay beyond simply appealing the ruling, a process that could take months. Frank Sharry of the immigration group America's Voice hailed Friday's announcement and the administration for its "unwavering commitment to fighting tooth and nail" for the expansion of deportation relief to certain Dreamers and parents of U.S. citizen children and legal residents.
The decision by Judge Hanen, who is well-known for his hostility to immigrants and to the Obama Administration, has faced withering criticism for his opinion. He sidestepped the heart of the case, which is the well-established legal authority of the executive branch to set priorities, use prosecutorial discretion and distinguish between bad actors and hard working families. In addition, his decision has been criticized for relying on right-wing myths about immigrants.