The U.S. government on Thursday asked an appeals court to lift a temporary hold on President Barack Obama 's executive action to shield millions of illegal immigrants from deportation , arguing it ca n't wait for the judge who blocked the action to make a ruling on a similar request . Justice Department attorneys filed an emergency motion with the 5th U.S . Circuit Court of Appeals in New Orleans , Louisiana , to lift a preliminary injunction issued last month by U.S. District Judge Andrew Hanen in Brownsville , Texas . The injunction had been issued on the request of a coalition of 26 states that filed a lawsuit to overturn Obama 's immigration plan . OFF TO COURT : President Barack Obama has responded to a Texas judge 's injunction halting his immigration executive actions by demanding an appeals court overrule him . HERE COMES THE JUDGE : Federal jurist Andrew Hanen called the Obama administration on the carpet and put the brakes on the president 's immigration plan . The states , led by Texas , argue that Obama 's action was unconstitutional and would force them to invest more in law enforcement , health care and education . DECISION TIME : Federal Judge Priscilla Owen will likely make the call on whether to overturn Hanen , her former law school classmate . The injunction was intended to stall Obama 's actions – which would spare from deportation as many as 5 million people who are in the U.S. illegally – while the lawsuit progresses through the courts . Many Republicans in Congress and states led by Republicans oppose the action , saying Obama overstepped his authority as president . Obama said he had to act because Congress has failed to pass comprehensive immigration reform . The Justice Department had asked Hanen to lift the injunction while the case was appealed to the 5th Circuit . But Hanen put that request on hold pending a hearing on March 19 to review allegations the government misled him about the implementation of part of the immigration plan . In their 21-page motion , Justice Department attorneys called the injunction 'unprecedented and wrong ' and argued lifting it was crucial as the order 'irreparably interferes with ( the Homeland Security Department 's ) ability to protect the Homeland and secure our borders . ' Justice Department attorneys said that if the injunction is not lifted , it should at least apply either only to Texas or to the 26 states that sued . 'President Obama 's unconstitutional use of executive power to accomplish what he could n't do in Congress sets a dangerous precedent that threatens the fabric of our Republic , ' Texas Attorney General Ken Paxton said in a statement responding to the Justice Department 's emergency motion . 'The state of Texas and a bipartisan coalition of 25 other states will continue to oppose the President 's unilateral and lawless actions , ' Paxton added . A coalition of 14 states , including California and Iowa , and the District of Columbia filed a motion on Thursday with the 5th Circuit in support of lifting the injunction . They argued the immigration actions will benefit states through increased tax revenues and improved public safety . But Texas has on its side a longer list : Alabama , Arizona , Arkansas , Florida , Georgia , Idaho , Indiana , Kansas , Louisiana , Maine , Michigan , Mississippi , Montana , Nebraska , Nevada , North Carolina , North Dakota , Ohio , Oklahoma , South Carolina , South Dakota , Tennessee , Utah , West Virginia and Wisconsin . Legal experts say the 5th Circuit is known to be fairly conservative , and is likely to deny the Justice Department 's request . Ultimately , it could end up before the U.S. Supreme Court . PLAINTIFF : Texas Gov . Greg Abbott is spearheading the lawsuit along with 25 other governors . ANGER : Conservatives have bristled at the idea of the White House tossing border security overboard in favor of letting 5 million or more illegal immigrants stay . At next week 's hearing , Hanen was set to have Justice Department attorneys explain why the federal government granted three-year deportation reprieves as well as work permits to 100,000 individuals before Hanen 's Feb. 16 injunction . Attorneys had previously said federal officials would n't accept such requests until Feb. 18 . The Justice Department has said the reprieves and work permits were granted under the 2012 Deferred Action for Childhood Arrivals program , known as DACA , which was not halted by Hanen 's injunction . DACA protects young immigrants from deportation if they were brought to the U.S. illegally as children . In a separate court document filed with Hanen 's court on Thursday , the Justice Department said the acknowledgement that some individuals were granted reprieves under 2012 DACA guidelines does 'not bear on the resolution ' of the pending request before the judge to lift the injunction . Hanen 's injunction put on the hold an expansion of DACA as well as a program that would extend deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years .
26 states sued in federal court and won a temporary injunction preventing the White House from mainstreaming more than 5 million illegal immigrants . Judge Andrew Hanen put on the brakes , saying the policy could cause harms that it would be impossible to undo . Now the Obama administration is going over Hanen 's head to the 5th Circuit Court of Appeals , demanding it overturn Hanen . Obama wants to give Social Security numbers , green cards and work permits to some who are in the country illegally , and guarantee them they wo n't be deported for at least two years .