Details of the “emergency order” filing are not actually provided in the announcement. Most likely this is because the substantive portion of the blocked presidential action is not anticipated to be a winning argument which would allow a restart.
Any aspect of President Obama’s former “executive action” which would change the legally identified status of illegal aliens by dictatorial fiat would easily lose, even on an appeal action seeking a restart. Meaning his goal to create an entirely distinct status of “eligible alien” for employment or benefit would not pass muster.
However, if Obama merely seeks to reestablish his authority to use prosecutorial discretion -allowing DHS to selectively enforce deportation- he will probably have a greater likelihood of winning the appeal/restart order.
(Via The Hill) Officials at the Department of Justice (DOJ) plan to seek what is known as an emergency stay that would essentially undo a Texas-based federal judge’s injunction from earlier this week. If the stay is granted, the government could restart a pair of executive programs that will shield millions of undocumented immigrants from deportation.
White House press secretary Josh Earnest said DOJ will file for the stay by “Monday at the latest.”
The emergency stay had been sought by immigrant rights advocates, who want to get the programs up and running as soon as possible while the appeals process plays out.
“We — as immigrants and as Americans — have waited for nearly a quarter century for these much-needed improvements to our broken immigration system,” Marielena Hincapié, head of the National Immigration Law Center (NILC), said Friday in a statement. “We should not allow a flawed legal decision to delay these changes any longer.”
Making good on earlier vows, DOJ will also file a separate appeal to a federal district court in Brownsville, Texas, seeking to restart the executive programs.
“We will seek that appeal because we believe when you evaluate the legal merits of the arguments, that there is a solid legal foundation for the president to take the steps he announced last year to help reform our immigration system,” Earnest said. (read more)
