Justice Department to seek stay in immigration lawsuit

Texas Gov. Greg Abbott is applauded as he arrives to the House Chamber to deliver his State of the State address to a joint session of the House and Senate, Tuesday, Feb. 17, 2015, in Austin, Texas. Abbott told lawmakers that roads, education and border security are the biggest issues facing Texans. (AP Photo/Eric Gay) less Texas Gov. Greg Abbott is applauded as he arrives to the House Chamber to deliver his State of the State address to a joint session of the House and Senate, Tuesday, Feb. 17, 2015, in Austin, Texas. Abbott told ... more Photo: Eric Gay, Associated Press Photo: Eric Gay, Associated Press Image 1 of / 1 Caption Close Justice Department to seek stay in immigration lawsuit 1 / 1 Back to Gallery

The U.S. Department of Justice will seek a stay of a Texas-based federal judge’s order to halt President Barack Obama’s executive action on immigration, the White House said Friday.

White House spokesman Josh Earnest told reporters the department plans to make the request by Monday. He called the effort “separate and apart” from the appeal the federal government has previously said it would file.

"We're going to continue to pursue this case through the legal system," Earnest said, reiterating the White House believes there was a "solid legal foundation" for Obama's move.

U.S. District Judge Andrew Hanen of Brownsville issued a temporary injunction late Monday that puta hold on Obama’s action, which would shield from deportation up to 5 million illegal immigrants. The ruling resulted in the White House suspending the program related to the policy, which was due to go into effect Wednesday.

If granted, a stay would allow the program to proceed as originally planned.

Hanen is presiding over a lawsuit brought last year by then-Attorney General Greg Abbott, who has argued the action amounted to an unconstitutional bypass of Congress. Twenty-five states have since joined the Texas-led challenge. Obama has maintained the move was within his executive authority.

In a statements Friday, Abbott and Attorney General Ken Paxton issued defiant statements reacting to the White House's plan to seek a stay.

"A stay is typically granted to have the status quo maintained," Abbott said. "Here the status quo is the immigration law passed by Congress, not the executive action by the President that rewrites immigration law. The President's lawless trampling of the Constitution thwarts the status quo.