The Department of Justice announced it will not ask the Supreme Court to negate a district court judge’s injunction on implementation of President Obama’s executive amnesties. The Administration will instead proceed with an appeal before the 5th Circuit Court scheduled for July 10.
Spokesman Patrick Rodenbush said, "The Department of Justice is committed to taking steps that will resolve the immigration litigation as quickly as possible in order to bring greater accountability to our immigration system by prioritizing deporting the worst offenders, not people who have long ties to the United States and who are raising American children.” He said the Administration hopes to win the case by focusing on the merits of the preliminary injunction itself.
A 5th Circuit panel yesterday rejected the Administration’s request for an emergency stay on the injunction. The panel’s ruling emphasized that the matter did not just involve “prioritizing deportation” as the Administration argues but the “affirmative act of conferring ‘lawful presence’” and work permits on illegal aliens. As such, it cannot be considered “prosecutorial discretion” and the court is empowered to review whether the Administration is authorized to provide such benefits. The ruling went on the question using “deferred action” to provide benefits without giving consent and notice under the Administrative Procedures Act, which the Administration failed to do.
Read more on the Justice Department's announcement in The Hill. Or read a summation of yesterday's 5th Circuit ruling here.
