The Obama administration officially filed for an emergency stay of U.S. District Judge Andrew Hanen’s ruling temporarily blocking President Obama’s executive amnesty Monday.
According to the Associated Press, the Justice Department filed a motion for a stay with Hanen in Brownsville, Texas asking the judge to allow the executive amnesty to proceed as the department seeks an appeal.
Last week Hanen issued a preliminary injunction on Obama’s executive amnesty, ruling in favor of 26 states challenging the executive actions on immigration — which is expected to provide legal status and work permits to nearly 5 millions illegal immigrants.
The Associated Press notes that if Hanen denies the motion for a stay the Justice Department will likely appeal to the 5th U.S. Circuit Court of Appeals in New Orleans.
The court battle comes as Congress considers a Department of Homeland Security funding bill that would defund the executive actions. The House passed the funding bill last month. However, Democrats in the Senate have blocked the legislation from coming to the floor for debate three times.
The Senate is expected to attempt to bring the DHS funding bill to the floor for a fourth time Monday and Senate Democrats are again expected to block consideration of the bill.
Funding for DHS expires on February 27.