The DOJ filed their admission motion at midnight (Friday) in an attempt to hide the substance from media scrutiny

In November of 2014 when President Obama made his announcement of a sweeping “Immigration Executive Order”, his proposals included more than just deferred amnesty for illegal aliens, his proposal included “work authorization”.
Because the Presidential decree went beyond mere prosecutorial discretion regarding deportation of illegal aliens, the Office of Legal Counsel (OLC) quickly modified the verbiage of the decree from “executive order” to “executive action”.

The executive action went beyond deportation discretion and included granting work authorization. That specific aspect is what immediately became the poison pill within the Obama action.
If all Obama was doing is “not deporting” people, ergo he’s using his executive authority of prosecutorial discretion, and that’s the claim of those who say this is constitutional; well, how or what part of ‘non-deportation’ includes granting “work/employment authorization”?
That specific aspect is where President Obama overreached and initiated an unconstitutional change in labor/employment law. That action clearly violated the separation of powers. That aspect is what also initiated a Federal Judge in Texas to issue an injunction to block implementation.
The DOJ initially told Judge Hanen that DHS had not yet started to issue work authorization and changes to deportation. A few weeks later the DOJ lawyers had to reverse course and admit to the court they lied, DHS already had begun the changes. Hanen was not happy. (Backstory)
The DOJ appealed the Hanen Ruling and Injunction to the 5th Circuit Court of Appeals, but Judge Hanen is no dummy and well positioned his ruling to survive any appeal.
Now it gets worse for the DOJ. Yesterday, in a strategic midnight filing trying to hide the content, the DOJ admitted not only did they previously lie to the court, but now, three months later, lawyers admit DHS actually ignored the court injunction and gave work authorization status and documents to illegal aliens DESPITE the courts order.
WASHINGTON DC – President Obama’s lawyers admitted to a federal judge late Thursday that they had broken the court’s injunction halting the administration’s new deportation amnesty, issuing thousands of work permits even after Judge Andrew S. Hanen had ordered the program stopped.
The stunning admission, filed just before midnight in Texas, where the case is being heard, is the latest misstep for the administration’s lawyers, who are facing possible sanctions by Judge Hanen for their continued problems in arguing the case.
The Justice Department lawyers said Homeland Security, which is the defendant in the case, told them Wednesday that an immigration agency had approved about 2,000 applications for three-year work permits, which was part of Mr. Obama’s new amnesty, even after Judge Hanen issued his Feb. 16 injunction halting the entire program.
Top Obama officials, including Homeland Security Secretary Jeh Johnson, had repeatedly assured Congress they had fully halted the program and were complying with the order.
“The government sincerely regrets these circumstances and is taking immediate steps to remedy these erroneous three-year terms,” the administration lawyers said. (read more)