Appeals court to hear Obama's immigration action

WASHINGTON, April 17 (UPI) -- Appellate judges will consider Friday lifting a temporary ban imposed by a Texas federal judge on President Barack Obama's executive action that shields up to 5 million undocumented immigrants from deportation.

The U.S. Department of Justice will go before the 5th Circuit Court of Appeals in New Orleans and urge a three-judge panel to let the immigration executive action move forward as planned while the legal case brought by 26 states continues. The hearing before the panel allows lawyers for both sides to make their cases publicly.

According to the Pew Hispanic Center, there are about 11 million undocumented immigrants living in the United States. Obama's executive action only applies to children or spouses who have legal status in the country. Democrats argue the federal government can't deport all 11 million and has to set priorities to determine which group of immigrants should be targeted for deportation and which needs relief.

In February, U.S. District Judge Andrew Hanen temporarily halted the executive order by issuing a nationwide injunction, arguing the president had overstepped his constitutional authority. If the Obama administration loses, it can appeal to the full 5th Circuit and ultimately the U.S. Supreme Court. The appeal is seen as an uphill climb for the Obama administration, made even more difficult by the fact that two of the appeals judges on the panel are Republican appointees.

The case could drag on for months or even years, raising doubts Obama's policy will be carried out before he leaves office.

Obama's attorneys say the states have no right to intervene on the executive actions because they won't cause direct harm if carried out. But Republicans view the executive actions as another in a string of presidential power grabs that circumvents Congress.

"This lawsuit transcends national immigration policy – this is about a president who has recklessly acted outside of the boundaries of the U.S. Constitution, circumventing Congress to rewrite the law as he sees fit," Texas Attorney General Ken Paxton said. "The Obama administration's unilateral action bestows a host of benefits, from entitlement programs to tax credits, to individuals who are actively breaking the law."