The Justice Department will seek an emergency order from the 5th U.S. Circuit Court of Appeals allowing the federal government to move forward with the President’s immigration programs while it appeals a Texas federal judge’s ruling halting those programs, according to the New York Times.
The move follows on the heels of Monday’s late night ruling by U.S. District Judge Andrew S. Hanen that the president failed to adhere to basic administrative procedures when issuing orders that would have provided sweeping relief to as many as five million undocumented immigrants.
Here’s a quick timeline of what might happen next, courtesy of Vox:
- This is a relatively aggressive move by the administration. The court battle over the president’s executive actions will still take a long time, but the stay means that the next phase will happen very quickly.
- The 5th Circuit Court of Appeals will now have to consider the stay. Its ruling could come within days of the filing, but will likely take a few weeks.
- The 5th Circuit is one of the country’s most conservative appeals courts, making it more likely that they might side with the lower-court judge and keep the president’s new “deferred action” programs from going into effect.
- If that happens, the Obama administration would be expected to appeal to the Supreme Court.
- Ultimately, if the administration wins a stay, the deferred-action programs could start back up in only a few weeks.
- If the Supreme Court sides with the states, the programs will be frozen for a matter of months or years while the case makes its way through the courts at the usual pace.