The Obama administration will be up before the Fifth Circuit Court of Appeals in New Orleans on Friday at 9:00 a.m. for a second round of oral arguments in the immigration lawsuit filed by Texas and 25 other states. Things don’t look good for the government.
Scott Keller, the Texas Solicitor General, will be arguing on behalf of the states that the Fifth Circuit should uphold federal district court Judge Andrew Hanen’s preliminary injunction against President Obama’s immigration amnesty program. The Justice Department can’t be happy about the lineup on the three-judge panel assigned to hear the government’s appeal — two of the judges, Jennifer Walker Elrod and Jerry E. Smith, are the same two judges who ruled against the government on May 26 in its emergency request for a stay of the injunction. Their May 26, 66-page opinion read almost like a decision on the merits of the injunction, rather than just an opinion on the government’s request for an emergency stay while the appeal was pending.
Attorneys for the Obama administration acknowledged late Thursday that they had broken a Texas court’s injunction on immigration by issuing thousands of work permits, and could face possible sanctions in the case.
The acknowledgment was filed just before midnight in the Brownsville, Texas, court of U.S. District Judge Andrew Hanen, reports The Washington Times.
Hanen on Feb. 16 issued the injunction to temporarily block President Barack Obama’s executive action on immigration, ruling in favor of about two dozen states that are claiming in court that the president acted beyond his authority in issuing the order.
The Justice Department’s attorneys told the court that the Department of Homeland Security, which has been officially named as the case’s defendant, informed them on Wednesday that about 2,000 applications for three-year work programs were issued after Hanen ordered the injunction.