District Judge Andrew Hanen, temporarily suspended the entry into force of executive action by President Barack Obama. The decision of the Federal Court for the Southern District of Texas is one day before the administration would accept applications for deferred action immigrants over 30 who came as children to the United States.

The decision temporarily suspends executive action announced by President Obama on 20 November last year, which protects deportation to possibly four to five million undocumented parents of US citizens and legal residents (DAPA) who are in the country before 1 January 2010 and have no criminal record. The Executive Power also extends the coverage of deferred action (DACA) of June 15, 2007 to January 1, 2010. This amplification came into force on 18 February. The executive action slows deportations and grant a work permit for three years and can be renewed for the third year.

The suspension of the judge is provisional and is in response to a lawsuit filed in December last year by 26 states against executive action, which argue that the measure violates the United States Constitution. But the suspension does not mean that the court decided that the executive action violates the US Constitution. The provisional suspension occurs while the Federal Court is still reviewing the lawsuit and take a final decision on the merits of the case.

The current argument of the plaintiffs is that Obama did not follow the Administrative Procedure Act, ” Administrative Procedures Act, ” in creating his executive order, especially the requirement for notice and comment, ” notice and comment requirement ” which is the typical procedure for implementing federal regulations.

The suspension is not the final decision of the judge. It is a suspension while the judge decides whether executive action violates the constitution. The suspension is not a good sign because usually in this type of case, the judge ordered a suspension only when the judge thinks that there are possibilities that will decide the case against the government. But it is still possible to decide in favor of the government.

In addition to Texas, the plaintiffs states are Alabama, Arizona, Arkansas, North Carolina, South Carolina, North Dakota, South Dakota, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, Ohio, Oklahoma, Utah, West Virginia and Wisconsin. Thirteen states and the District of Columbia are in favor of the administration.

The federal government is arguing that states have no authority, referred to ” standing, ” to sue the government in court, because they can not show that the state government is being affected by executive action. The states argue that they are affected because they will have to pay for public schools for undocumented children, hospital expenses of undocumented immigrants who have no health insurance, and additional expenses to secure the border.

Now we hope that the Justice Department immediately ask for a temporary restraining or ” stay ” of the suspension, before the Fifth Circuit Court of Appeals. If the Fifth Court decides in favor of the government and ordered an injunction of the suspension, the program will continue again. Meanwhile the Court of the Fifth Court finally decides on the suspension can take several months. If the Fifth Court decides against the government, the program will have to wait. Meanwhile the Judge Hanen still have to give its final decision on the merits of the states.

The plaintiffs chose Judge Hanen on purpose for this case because they think it is their best chance to decide in its favor. Earlier this judge has made strong comments against immigration. This legal process will be delayed and will possibly end up in the Supreme Court of the United States.

In my opinion the Court of the Fifth Court will decide in favor of the president. After all loa immigration policy, the legal question here has to do with the executive power of the president and several conservative judges believe in a strong executive. Of course it all depends on which judges are chosen for this case.

I advise you to be patient and continue to collect their documents so they are ready when the government announces that they accept these applications.

We’ll continue reporting this case and any change in the law through my Truth of the law can hear every day at 7:30 and 8:00 am.

Attorney Stefan Latorre has offices in Charlotte, Monroe, Greensboro, Hickory, Columbia, Greenville and Jacksonville Florida.You can call 1.800.966.6769 lawyer.