DOJ Files Motion to Stay Injunction Against Obama Immigration Policy
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Photo by Budd Williams/NY Daily News Archive via Getty Images(WASHINGTON) — The Department of Justice on Thursday filed a motion to stay after a Texas court filed an injunction against President Obama’s immigration policy.
The DOJ is asking the 5th Circuit Court of Appeals to lift a lower court’s motion that prevented the Obama policy of using prosecutorial discretion to allow undocumented immigrants to remain in the U.S. from being implemented. “The Secretary of Homeland Security seeks to effectively prioritize the removal of aliens who have recently crossed the border, committed crimes, or threaten public safety and national security by…establishing guidelines for considering requests for temporarily deferring removal of other aliens who pose no such threats and have longstanding and close family ties to the United States,” the motion explains.
The DOJ argues that the injunction “restrains the exercise of that prosecutorial discretion, a quintessentially executive function that is traditionally unreviewable.” As such, the Secretary of Homeland Security’s authority to enforce immigration laws is disrupted, it says.
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