Justice
Department to seek emergency stay to allow immigration action
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[February 21, 2015]
By Julia Edwards
WASHINGTON (Reuters) - The U.S. Justice
Department will seek an emergency stay to block a decision by a federal
judge and allow eligible immigrants to apply for benefits granted under
President Barack Obama's recent executive actions, the White House said
on Friday.
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Immigration advocates have called on the Obama administration to
take legal step to reverse the injunction issued in Texas on Monday
that barred immigration officials from accepting work permit
applications under the orders.
White House spokesman Josh Earnest told reporters that the Justice
Department will file paperwork requesting the stay by Monday.
But the stay must be approved by the same judge who issued the
injunction, U.S. District Judge Andrew Hanen in Brownsville Texas,
potentially creating more headaches for the White House.
The Justice Department is concerned that Hanen not only could deny
the stay but drag his feet in making a decision. Doing so would
delay the filing of a formal appeal in the 5th Circuit, something
that would take the case out of Hanen's hands.
![](http://archives.lincolndailynews.com/2015/Feb/21/images/ads/current/napa_bch1-3108.png) Approximately 4.7 million undocumented immigrants could be granted a
reprieve from deportation and work permits under Obama's immigration
orders if they are allowed to proceed.
As Congress returns from a week-long break, Republicans, who argue
that Obama's plans represent illegal "amnesty," resume debate on a
Department of Homeland Security funding bill that seeks to ban any
spending on implementation of the orders.
Senate Democrats are insisting on a "clean" DHS funding bill free of
such restrictions as a Feb. 27 deadline to renew DHS funding fast
approaches with little sign of movement.
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Earnest said Congress should do the "right and responsible thing" to
ensure that DHS, which secures U.S. borders, airports, coastal
waters and other critical facilities, does not run out of funds.
Asked about the possibility of a short-term extension of funding at
current levels as a stop-gap, he said he could not react to specific
proposals. But Earnest said lawmakers should consider the plight of
Transportation Security Administration officers who ensure that
their flights back to Washington are safe and who would have to work
without pay if DHS funding expires.
"I hope that they are going to take a minute and look in the eye of
TSA officers," Earnest said. "They’re not going to get paid on time
unless members of Congress step up and do their jobs."
(Additional reporting by David Lawder and Emily Stephenson; Editing
by Doina Chiacu, Eric Beech and Leslie Adler)
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