Immigration Reform News Today: Judge Denies Request to Lift Injunction on Obama's Immigration Plan
A temporary hold on President Obama's immigration plan that would protect millions of undocumented immigrants from deportation will remain in place after a federal judge on Tuesday denied a Justice Department request to lift it.
US District Court Judge Andrew S. Hanan, who had previously put the immigration action on hold in February, accused the government of being "misleading" as he refused to lift the preliminary injunction requested by 26 states earlier this year.
The judge was upset over the administration's admission following a January hearing that the expanded Deferred Action for Child Arrivals (DACA) program was already being implemented in November. The judge was not previously aware that more than 108,000 people were given three-year reprieves.
"Clearly, if a "clarification" on any ongoing actions taken by the DHS was ever necessary, which of course it was, [the January hearing] was the time," Hanen said. "Silence here, and then later during the scheduling discussion, was misleading."
Hanen floated the idea of issuing sanctions against the government for misleading the court, but ultimately decided against it because he believes people deserve a resolution to the issue.
"The issues at stake here have national significance and deserve to be fully considered on the merits by the Fifth Circuit Court of Appeals and, in all probability, the Supreme Court of the United States," but added that "Any number of federal judges, given this misconduct, would consider striking the Government's pleadings."
Nevertheless, the Justice Department had already starting looking elsewhere, asking the 5th circuit to lift the injunction. The Department issued a 69-page brief in which lawyers argued that the government has the power to defer removal of some immigrants, particularly those who do not pose a threat to the United States.
The appeals court is slated to hear arguments on April 17.
President Obama's first initial order, which was slated to go into effect on Feb. 18, aimed to protect young immigrants from being deported if they were brought to the United States illegally during their childhood. Another major order, scheduled to begin May 19, would protect parents of American citizens as well as permanent residents who have been in the US for many years.
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