Judges weigh lifting hold on immigration action

NEW ORLEANS — A panel of three federal appeals court judges grilled government lawyers Friday about whether to lift a temporary stay on President Barack Obama’s executive action, which seeks to shield up to 5 million people from deportation.

The judges — two appointed by Republican presidents, one by Obama — were randomly selected from among 15 on the conservative 5th U.S. Circuit Court of Appeals, and they did not rule on the stay from the bench. But they asked plenty of pointed questions during the unusual hearing, which included more than 21⁄ hours of oral arguments.

The gallery was packed with about 80 spectators, including immigrants eligible for deferred action and the attorney general for Louisiana, who joined the lawsuit to stop the programs.

Both

sides

left

feeling optimistic.

“This lawsuit is not about the wisdom of any particular immigration policy. The lawsuit is about the separation of powers,” said Scott Keller, Texas solicitor general, who argued on behalf of states that sued to stop the programs.

“This is about a 26-state coalition upholding the rule of law,” Keller said, noting, “the arguments went very well.”

Nora Preciado, staff attorney with the National Immigration Law Center, which filed a brief in support of the federal government’s case, also left the hearing feeling encouraged.

“We remain very confident that these programs will be implemented,” Preciado said as about 50 immigrants and supporters demonstrated in a nearby park. Immigrants traveled from across the country to attend the hearing and protest outside, drumming and chanting loud enough to be heard inside the courtroom.

Preciado and others had attended a vigil outside court the night before and lined up early to get some of the limited courtroom seats.

At issue was the Obama administration’s proposed extension of the Deferred Action for Childhood Arrivals program, or DACA, created in 2012, and the new Deferred Action for Parents of Americans and Legal Permanent Residents, or DAPA, which was scheduled to start in May.

U.S. District Judge Andrew Hanen, sitting in Brownsville, Texas, had granted the preliminary injunction to Texas, Louisiana and the 24 other states after they sued to stop the programs, arguing the president had overstepped his constitutional authority. The Obama administration’s appeal led to Friday’s hearing.

It’s not clear how soon the panel will rule. If the administration loses, it can appeal to the full 5th Circuit and ultimately to the U.S. Supreme Court.