Reading the results of the 2016 presidential election, the Obama administration has asked a federal judge to suspend proceedings in the case involving the proposed presidential directives that would allow millions of illegal aliens to remain in the U.S.
The administration is asking to delay the case until next February.
The administration has already taken the first step to accommodate President-elect Trump’s positions, agreeing Friday to take a timeout on President Obama’s push to kick-start his 2014 deportation amnesty.
In documents filed with a federal judge in Texas the Justice Department said that in light of the new management that will take over next year, the case should be suspended.
“Accordingly, the parties respectfully submit that further proceedings on the merits of this case, including the submission of a schedule for resolving the merits, should be stayed until February 20, 2017,” the Justice Department and lawyers for Texas said in a joint request of Judge Andrew S. Hanen.
Judge Hanen had halted Mr. Obama’s expanded amnesty in February 2015, just two days before it was to go into effect, ruling that the administration broke administrative law. An appeals court twice upheld his injunction, as did the Supreme Court, in a 4-4 deadlock decision this summer.
The injunction remains in place while Judge Hanen was to hear full arguments — but both sides now say President-elect Trump should have the chance to weigh in.
“Given the change in Administration, the parties jointly submit that a brief stay of any further litigation in this Court before beginning any further proceedings would serve judicial efficiency and economy so that the parties have a better understanding of how they might choose to move forward,” both sides said.
Judge Hanen would still have to consent to staying the proceedings.
The amnesty would apply to more than 4 million illegal immigrants who were either brought to the U.S. as children, or who were parents of American citizens or legal immigrants.
It is doubtful the Trump Justice Department will continue pursuing the case. The states that brought the suit in the first place would no doubt drop it as well.
The administration’s defense was on shaky ground anyway once the Supreme Court weighed in. The tie vote left the lower court ruling intact, leaving a skeptical Judge Hanen with the power to scotch the immigration plan completely.
It appears that at least one example of executive overreach by President Obama will be rolled back.