The Department of Justice officially filed on Monday an appeal and a request for a stay of a judge’s recent decision to block President Barack Obama’s executive actions on immigration. The appeal would overturn U.S. District Court Judge Andrew Hanen’s order last week to halt Obama’s policies from moving forward.
A request for a stay was filed separately and would, if granted, allow Obama’s actions to be implemented even while a case brought by 26 states against the federal government works its way through the courts. Obama’s executive actions, announced in November 2014, could allow as many as 5 million undocumented immigrants to receive work authorization and remain in the country.
The states’ lawsuit, which is being led by Texas, contends that the president’s actions are unconstitutional and would burden the states with costs. Hanen has not yet made a final ruling on the constitutionality, but issued a preliminary injunction last Monday.