In its brief to the U.S. Court of Appeals for the Fifth Circuit on March 20, the Justice Department seeks to reverse a preliminary injunction against the administration’s immigration policy issued on Nov. 20 to provide benefits to between 4 million and 5 million undocumented aliens. Describing the policy as a “guidance,” the brief maintains that states lack standing to challenge federal authority over immigration. The government’s brief also claims a scope of independent executive authority that cannot be curbed by the judiciary.
The federalism argument offers reasonable points; the separation-of-powers position, argued by the DOJ, does not. Both sides presented oral arguments on April 17 to the Fifth Circuit on the government’s proposed stay of the injunction.
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