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Eli Kantor is a labor, employment and immigration law attorney. He has been practicing labor, employment and immigration law for more than 36 years. He has been featured in articles about labor, employment and immigration law in the L.A. Times, Business Week.com and Daily Variety. He is a regular columnist for the Daily Journal. Telephone (310)274-8216; eli@elikantorlaw.com. For more information, visit beverlyhillsimmigrationlaw.com and and beverlyhillsemploymentlaw.com

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Monday, February 23, 2015

Administration to Try to Block Ruling That Postpones Immigration Actions

New York Times
By Michael Shear
February 20, 2015

The White House on Friday said it would seek an emergency ruling to allow President Obama’s executive actions on immigration to go into effect, underscoring its urgent desire to resolve a legal challenge to the programs and reassure anxious supporters in the immigrant community.

The move came in response to a ruling issued by a federal judge on Monday that stopped the government from issuing work permits and providing legal protections to hundreds of thousands of undocumented immigrants.

Legal experts said the government may not be successful in its immediate effort to block the judge’s ruling. But by submitting an emergency request, the government lawyers are signaling to the court that they intend to be aggressive in pursuing a quick decision on the merits of the case.

The government is also sending a message to immigration advocates, many of whom have been frustrated by the Justice Department’s delay in filing a formal appeal to the ruling by Judge Andrew S. Hanen of Federal District Court in Brownsville, Tex.

Ken Paxton, the attorney general in Texas, which is leading the legal fight against Mr. Obama’s executive actions, said in a statement Friday that he and the other states in the lawsuit would continue to fight to stop the president.

“A federal judge properly enjoined President Obama’s lawless executive amnesty,” Mr. Paxton said. “We are a nation of laws, and I will vigorously defend the United States Constitution, as Texas and our fellow states continue to fight back against the aggressive overreach of this lawless administration.”

The president in November announced executive actions that would shield up to five million undocumented immigrants from deportation and would establish programs that provide work permits to many of those people. The Department of Homeland Security had been scheduled to begin carrying out part of that program on Wednesday.

Judge Hanen said in his ruling, in a case brought by Texas and 25 other states, that the administration had not followed required procedures for changing federal rules. The judge issued an injunction ordering that the program be halted, and government officials quickly postponed the actions to comply with the order.

But while White House officials quickly vowed to appeal the case, the government’s lawyers did not immediately file the emergency request with the court or submit the formal appeal documents.

Some officials said they were concerned that the administration was unlikely to win an emergency ruling from the generally conservative judges who sit on the United States Court of Appeals for the Fifth Circuit, in New Orleans. The standard is high for an appeals court to put an emergency hold on a district court decision.

The White House said on Friday that the emergency request will be made to Judge Hanen to reverse his order. If he rejects the request, the government could ask the appeals court for an emergency stay.

The delay in announcing an emergency request led to a barrage of criticism from immigration advocates, who said they worried that Mr. Obama would be seen as vacillating in his legal strategy. They urged the White House to make the request for a stay of the judge’s ruling.

“We told them the stay is so critical at this juncture,” said Marielena Hincapié, executive director of the National Immigration Law Center, a legal defense organization that had pushed Mr. Obama last year to take sweeping action. “It sends a strong message that the administration is using every legal tool available in defending these policies.”

Lupe Lopez, the interim campaign director for the Alliance for Citizenship, said that the White House announcement “demonstrates the solid commitment by Mr. Obama to immigrant families across the country that he will use every tool at his disposal.”

Since the president’s announcement in November, the White House has been working behind the scenes with advocacy groups to try to maximize applications to the immigration programs when the time comes.

In an interview Friday morning with José Díaz-Balart on MSNBC, Astrid Silva, a young immigrant who had appeared with Mr. Obama in Las Vegas the day after he announced the immigration actions, called on him to seek the stay.

“It’s very scary,” she said about the delay in the protection programs. “Now our community doesn’t know the date, doesn’t know if this is going happen.”

Several Justice Department lawyers argued that there was a strong legal logic in favor of trying for an emergency stay. If the administration did not seek urgent action by the appeals court, it could make it harder to persuade Judge Hanen to move quickly to a decision on the merits of the case.

Officials said the Justice Department would make an official request by the end of the day on Monday. White House officials said they remained confident that the administration would prevail once the full case reached the court of appeals.

“We believe that when you evaluate the legal merits of the argument, that there is a solid legal foundation for the president to take the steps that he announced late last year to reform our broken immigration system,” Josh Earnest, the White House press secretary, said on Friday.


Mr. Earnest added: “That’s consistent with the way that previous presidents over the course of several decades have used their executive authority. And that is why, you know, we are going to continue to pursue this case in the legal system.”

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