Two of the judges who decided against the Obama administration’s emergency request to move forward with executive amnesty will again consider the administration’s broader case for amnesty next month, according to Politico.
The panel of Fifth Circuit judges slated to consider President Obama’s executive amnesty programs include Republican appointed Judges Jennifer Walker Elrod and Jerry Smith, who ruled against the emergency stay last month.
The third judge on the panel is Democratic appointee Judge Carolyn Dineen King, Politico reported.
Twenty-six states, led by Texas, have challenged the Obama administration’s executive amnesty program — Deferred Action for Parents of Americans and Lawful Permanent Residents ( DAPA), and Deferred Action for Childhood Arrivals programs (DACA).
U.S. District Court Judge Andrew Hanen blocked the programs in February, forcing the Obama administration to suspend implementation of the president’s unilateral actions.
The Obama administration did not take its emergency stay to the Supreme Court after the Fifth Circuit declined to allow the programs to move forward. However, the case could ultimately end up at the high court.