[Ed. – But will it really matter, since the Obama administration has just been ignoring the lower court’s injunction anyway?]
Siding with officials in Texas and 25 other states who have challenged the legality of President Barack Obama’s immigration action, the Fifth U.S. Circuit Court of Appeals in New Orleans declined the administration’s request to allow the federal government to begin implementing the plan while the two sides continue a court battle.
Federal officials sought permission to move forward after U.S. District Judge Andrew Hanen in February temporarily blocked the administration from implementing the plan, which would allow more than four million people in the country illegally to apply for deferred deportation and work authorizations, among other benefits. …
Judge Hanen, based in Brownsville, Texas, agreed with arguments from Texas and the other largely Republican states, who alleged that Mr. Obama overstepped his authority by unilaterally proceeding with the program.
The Fifth Circuit on Tuesday declined to stay Judge Hanen’s injunction. It is still scheduled this summer to hear a separate appeal by the administration of the lower-court ruling.
“Because the government is unlikely to succeed on the merits of its appeal of the injunction, we deny the motion for stay,” the court ruled.