A U.S. court of appeals in . Washington , D.C. has decided to hear oral arguments on May 4. in a lawsuit that challenges President Barack Obama 's executive actions on immigration . A lower-court federal judge threw out the case in December , brought by Maricopa County , Arizona Sheriff Joe Arpaio . His lawyer , conservative firebrand Larry Klayman , told reporters outside the courtroom after he pleaded his case that 'we have serious issues of constitutionality involved . ' Arpaio claims the White House 's plan to mainstream more than 5 million illegal immigrants is clearly unconstitutional . Lawsuit : Maricopa County , Arizona Sheriff Joe Arpaio has a date with a federal appeals court , which will re-hear his legal challenge against President Barack Obama 's controversial immigration executive actions . Larry Klayman of the conservative nonprofit Freedom Watch represents Arpaio 's sheriff 's office , and wants an injunction to stop Obama from granting legal status to millions of illegal immigrants . Obama plans to give them Social Security numbers , residency cards and work permits , even though they snuck into the United States illegally . The lawsuit argues that the policy changes , made without approval from the Republican-dominated Congress , amount to an amnesty and will encourage more people to cross the border . Last month a Texas judge ordered the Obama administration to halt its implementation of the plan , saying it would be impossible to roll back the action if a higher court ruled that it violates the U.S. Constitution . Last week , the Department of Justice requested an emergency stay to put that decision on hold so the Homeland Security Department could move ahead . Arpaio , a colorful and polarizing figure , is known for his 'tent city ' jail where inmates brave the elements are are forced to wear pink underwear and clothing . Some of his deputies also use pink handcuffs while on duty in the jails . He has employed 'chain gangs ' to force inmates to work outside his facilities . And he once put inmates on a bread and water diet for desecrating an American flag . Arpaio also famously claimed in 2012 that President Obama 's birth certificate was 'fraudulent . ' The administration has been busily fending off a handful of legal actions . designed to stop it from guaranteeing that millions of illegal immigrants could live in the U.S. with a guarantee that they wo n't be deported . Arpaio 's suit is the first to reach the level of a federal appeals court , the final step before a possible Supreme Court review . Beryl Howell , the U.S. District Court judge who tossed his legal action late last year , was nominated to the federal bench by Obama in 2010 . She ruled that the sheriff lacked legal standing to challenge Obama 's immigration program , and it should be tackled in Congress . But Klayman , the attorney , had argued that the president 's plan would burden U.S. law enforcement as more illegal immigrants enter the country and commit crimes . 'It 's not policy , ' Klayman said in December . 'He 's creating law and he can not do that under the U.S . Constitution . ' Inspired by Sheriff Joe Arpaio , other law enforcement agencies are now forcing inmates to wear pink ; these jailed men are in Grovetown , Georgia . This week Republicans in the House and Senate failed in a bid to tie Homeland Security funding to an order prohibiting the government from spending any money implementing Obama 's immigration vision . Arpaio has suffered stinging political defeats in his attempts to slow the flow of illegal immigrants into his Arizona county . Maricopa County has already disbanded its squad of deputies that has raided businesses , arresting more than 700 immigrants who were charged with using fake or stolen IDs to get jobs . On December 17 Arpaio threw in the towel on the effort , which won him popularity among voters but was gradually dismantled by the Obama administration and the courts .
Court of appeals in Washington , DC will hear the case in May , the last stop on a journey that may end in the Supreme Court . Maricopa County , Arizona Sheriff Obama is challenging Joe Arpaio 's plan to guarantee that millions of illegal immigrants wo n't be deported . He sued , claiming the 'amnesty ' arrangement would result in more border-crossers and more crime . Circuit court judge who threw out the lawsuit in December in an Joe Arpaio appointee .