5th Circuit Court of Appeals says NO to Lifting Hold on Obama's Immigration Action

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A federal appeals court refused Tuesday to allow the implementation, for now, of President Obama's executive action that could shield from deportation as many as 5 million illegal immigrants.

The U.S. Justice Department had asked the 5th U.S. Circuit Court of Appeals to reverse U.S. District Judge Andrew Hanen's earlier decision temporarily halting the administration's plan. Hanen issued the temporary hold in February, after 26 states filed a lawsuit alleging Obama's action was unconstitutional.

Two out of the three judges on a court panel, though, voted Tuesday to deny the government's request, as the underlying case is argued.

The majority opinion reasoned that lifting the temporary hold -- known in judicial parlance as issuing a "stay" -- could cause serious problems for states should they ultimately win their challenge. It said the states have shown that "issuance of the stay will substantially injure" them.

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It continued: "A stay would enable DAPA beneficiaries to apply for driver's licenses and other benefits, and it would be difficult for the states to retract those benefits or recoup their costs even if they won on the merits. That is particularly true in light of the district court's findings regarding the large number of potential beneficiaries, including at least 500,000 in Texas alone."

Texas Attorney General Ken Paxton praised Tuesday's decision.

"The separation of powers and check and balances remain the law of the land, and this decision is a victory for those committed to preserving the rule of law in America," he said in a written statement.

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