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U.S. Department of Justice

Immigration ruling won't go to Supreme Court — yet

Gregory Korte
USA TODAY
President Obama boards Air Force One before his departure from Andrews Air Force Base, Wednesday, May 27, 2015, en route to Miami.

WASHINGTON — President Obama's executive actions on immigration may yet end up in the Supreme Court, but the Justice Department said Wednesday it would first argue the merits of the case in an appeals court in July.

The Justice Department's announcement means that it will allow a temporary injunction to stay in place while the administration defends Obama's immigration policies in the 5th Circuit Court of Appeals in New Orleans.

In a 2-1 ruling Tuesday, that same court declined to stay a lower court ruling that blocks the Obama administration from taking applications for legal status from undocumented immigrants.

Instead, a Justice Department spokesman said, the Obama administration will focus on defending the immigration policies on the merits.

"The Department of Justice is committed to taking steps that will resolve the immigration litigation as quickly as possible in order to bring greater accountability to our immigration system by prioritizing deporting the worst offenders, not people who have long ties to the United States and who are raising American children," said Justice Department spokesman Patrick Rodenbush. The best way to do that, he said, is to argue the merits of the case in the Fifth Circuit Court of Appeals the week of July 6.

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The lawsuit was brought by Texas Gov. Greg Abbott and 25 other Republican governors who say their states will be forced to provide services like driver's licenses to the newly legalized immigrants. They convinced U.S. District Judge Andrew Hanen to halt the program in February.

The Justice Department appealed that ruling, arguing that the policies should go forward while the lawsuit continues. The appeals court Tuesday's refused to grant that request.

Reporter Alan Gomez contributed from Miami.

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