Yesterday, lawyers for the Justice Department filed an emergency motion to lift the injunction blocking the President Immigration Action because it violates the separation of powers under the U.S. Constitution. In the legal brief, lawyers for the Justice Department argue that the injunction by Judge Hanen “offends basic separation-of-powers principles, impinging on core executive functions concerning the exercise of discretion in the complex task of enforcing the immigration laws.” Since it is unlikely that the objections by the Justice Department will persuade Judge Hanen to lift his injunction on the President Immigration Action and allow the immigration programs to move forward, the government’s lawyers also filed a notice that they would appeal the judge’s overall ruling at the appeals court. The President Immigration Action would protect up to five million undocumented immigrants from deportation and provide work permits to them after Congress declined to pass an overhaul of the nation’s immigration laws. His actions prompted 26 states, including Texas, to sue, saying he had exceeded his authority.
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