Obama loses second round in immigration plan court fight

UPDATE: President Barack Obama will appeal to the U.S. Supreme Court to save his executive order on immigration. The president announced late this morning he would ask the nation's highest court to hear the case.

“We strongly disagree with the 5th Circuit's decision,” the White House said in a statement. “The Supreme Court and Congress have made clear that the federal government can set priorities in enforcing our immigration laws.”

OUR EARLIER REPORT (11 a.m. EST): A federal appeals court dealt a blow to President Barack Obama’s immigration executive order Monday night, further diminishing chances the president can implement the plan before leaving office.

The 5th U.S. Circuit Court of Appeals upheld a restraining order put in place against the plan in February, just days before the new rules were set to take effect. The change would have expanded a program that protects young immigrants from deportation if they were brought to the country illegally as children. The other major part of Obama’s order would extend deportation protections to parents of U.S. citizens and permanent residents who have been in the country for some years.

Obama announced his executive action in November on the heels of Republicans’ sweeping election gains at the state and federal level. The White House claimed its action was carefully calculated to go to the edge of presidential discretion allowed by law, without crossing the line.

Twenty-six states sued the administration, saying the president overstepped his authority and the action would cost them a bundle in providing benefits to newly legalized residents. U.S. District Judge Andrew Hanen of Brownsville, Texas, agreed and put the executive order on hold. It took nine months for the 5th Circuit to rule on Hanen’s injunction, and further appeals could drag out the case even longer. It could end up back in Texas federal court for more proceedings.

Texas Gov. Greg Abbott cheered the court’s ruling.

“President Obama should abandon his lawless executive amnesty program and start enforcing the law today,” Abbott said.

Justice Department spokesman Patrick Rodenbush said in a statement government lawyers are reviewing the opinion to determine how best to proceed.

“The department is committed to taking steps that will resolve the immigration litigation as quickly as possible in order to allow [the Department of Homeland Security] to bring greater accountability to our immigration system by prioritizing the removal of the worst offenders, not people who have long ties to the United States and who are raising American children,” he said.

The Associated Press contributed to this report.