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Texas Judge Denies Request to Lift Hold on Obama's Immigration Action

Late Tuesday, U.S. District Judge Andrew Hanen in Brownsville, a city bordering Mexico, denied the U.S. Department of Justice’s request to lift a temporary hold placed on President Obama’s executive action, which sought to protect nearly 5 million illegal immigrants from deportation.

On Feb. 16, Judge Hanen granted a preliminary injunction at the request of 26 states, with Texas leading the way. He has now rejected the government’s request to lift that injunction.

Meanwhile, the Justice Department has appealed to the 5th U.S. Circuit Court of Appeals in New Orleans. The higher court will be hearing arguments on whether to lift the injunction on April 17.

Hanen’s ruling late Tuesday confirms that the Obama administration is barred from implementing the president’s policies that would allow nearly 5 million illegal immigrants to remain in the U.S. – at least for now.

In his order that denied the government’s request to life the temporary hold, Hanen said that the government hasn’t demonstrated any credible reason as to why the Directive needs to be implemented immediately.

Coalition Argues Obama’s Action is Unconstitutional

The coalition of 26 states filed a lawsuit seeking to overturn the president’s executive action. The coalition argues that Obama’s executive action is unconstitutional and would force the states to invest more money in healthcare, education, and law enforcement.

The other side is arguing that keeping the temporary hold would harm the interests of the public and third parties who would ultimately be deprived of the humanitarian benefits and law enforcement of immediate implementation.

In November, Obama announced his executive orders; he said that a lack of action be Congress had forced him to make sweeping changes to the “broken immigration system.”

In a statement on Tuesday, Texas Attorney General Ken Paxton said that the Obama administration had misled the court about the early implantation of expanded work permits to illegal immigrants.

There is an ongoing debate over a U.S. government filing that allowed approximately 100,000 people to receive three-year periods of deferred action before Judge Hanen’s injunction.

Paxton said that any premature implementation could result in serious consequences, causing irreparable harm on the state of Texas.

The White House did not issue an immediate comment.

At the Zendeh Del Law Firm, PLLC, we continue to stay abreast of the latest developments in U.S. immigration reform and legislative changes. For legal advice regarding an immigration matter in Plano, Dallas or Ft. Worth, don’t hesitate to contact our legal team for help.