White House spokesman Josh Earnest on Friday said the Justice Department will seek an emergency stay to block a federal court ruling that freezes implementation of the president’s executive amnesty. U.S. District Judge Andrew Hanen’s injunction temporarily prohibited the issuance of work permits and other documents to certain illegal aliens and blocked spending for the program’s planning.
Earnest said the Justice Department will file the documents seeking a stay on Monday. The Administration still plans to appeal Judge Hanen’s temporary injunction, which halted Obama’s executive amnesty just before its launch.
Reuters reports the decision to seek a stay could complicate the Administration’s plans for an appeal. The stay must first be addressed by Judge Hanen, who could delay his response or deny it. If the judge delays his response it would prevent the Justice Department from filing an appeal of the injunction. If the judge denies the stay Obama could seek one in the 5th Circuit Court of Appeals. If the 5th Circuit turns the administration down, it could ask the Supreme Court.
Former Immigration and Naturalization Service general counsel Paul Virtue told Politico “I just don’t see [the 5th Circuit or the Supreme Court] granting a stay. A stay is typically granted to have the status quo maintained. Legally, I don’t think they have much of a basis for seeking a stay……Trying to get the thing expedited [at the 5th Circuit] is the better approach.”
