The Justice Department told a federal judge in Texas on Wednesday that it may go to a higher court in an effort to put its new immigration policy into effect, if the judge does not act by Monday.
U.S. District Judge Andrew S. Hanen of Brownsville, who blocked the delayed deportation policy last month, is considering a government request to put his order on hold while the government appeals it to the U.S. Court of Appeals for the Fifth Circuit.
In its new filing, the Justice Department notified the judge that it would not file a formal reply to the plea of 26 states to keep the policy suspended pending a coming trial before Judge Hanen.
The Department asked the judge to rule “as soon as possible,” and then added the note about going to the Fifth Circuit Court if he has not done so by the close of business next Monday, in order to protect the government’s interests.
This marked the second time that the government has attempted to push the judge into prompt action. Last week, when it first filed its request for permission to go forward with the policy, it asked the judge to act within two days. The judge ignored that, and gave the states challenging the policy a week to reply to the government request.
That reply was filed on Tuesday (see the post below).