DOJ to seek stay of ruling on Obama immigration action

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DOJ to seek stay of ruling on Obama immigration action
Senator Ted Cruz, a Republican from Texas, speaks during a news conference on the Department of Homeland Security (DHS) funding bill with Representative John Carter, a Republican from Texas, right, in Washington, D.C., U.S., on Thursday, Feb. 12, 2015. The DHS is operating under a continuing resolution that expires on Feb 27 with a stalemate over whether the must-pass measure should carry riders to upend President Barack Obama's immigration policies continuing to threaten passage of the legislation. Photographer: Andrew Harrer/Bloomberg via Getty Images
Senator Ted Cruz, a Republican from Texas, speaks during a news conference on the Department of Homeland Security (DHS) funding bill in Washington, D.C., U.S., on Thursday, Feb. 12, 2015. The DHS is operating under a continuing resolution that expires on Feb 27 with a stalemate over whether the must-pass measure should carry riders to upend President Barack Obama's immigration policies continuing to threaten passage of the legislation. Photographer: Andrew Harrer/Bloomberg via Getty Images
Senator Ted Cruz, a Republican from Texas, right, gestures while talking to Representative John Culberson, a Republican from Texas, after a news conference on the Department of Homeland Security (DHS) funding bill in Washington, D.C., U.S., on Thursday, Feb. 12, 2015. The DHS is operating under a continuing resolution that expires on Feb 27 with a stalemate over whether the must-pass measure should carry riders to upend President Barack Obama's immigration policies continuing to threaten passage of the legislation. Photographer: Andrew Harrer/Bloomberg via Getty Images
Senator Jeff Sessions, a Republican from Alabama, speaks during a news conference on the Department of Homeland Security (DHS) funding bill with Senator Dan Sullivan, a Republican from Arkansas, right, in Washington, D.C., U.S., on Thursday, Feb. 12, 2015. The DHS is operating under a continuing resolution that expires on Feb 27 with a stalemate over whether the must-pass measure should carry riders to upend President Barack Obama's immigration policies continuing to threaten passage of the legislation. Photographer: Andrew Harrer/Bloomberg via Getty Images
US President Barack Obama speaks about immigration reform during a meeting with young immigrants, known as DREAMers, in the Oval Office of the White House in Washington, DC, February 4, 2015. The group has received Deferred Action for Childhood Arrivals (DACA), which provides relief from deportation for immigrants who arrived in the US illegally before they were 16 years old. AFP PHOTO / SAUL LOEB (Photo credit should read SAUL LOEB/AFP/Getty Images)
WASHINGTON, DC - DECEMBER 10: Heather Pina-Ledezma, 6, holds the hand of her mother Madai Ledezma, 32, from Mexico, now living in Maryland, during a news conference with Democratic Senators to discuss U.S. President Barack Obama's executive order on immigration, on Capitol Hill, December 10, 2014 in Washington, DC. President Obama traveled to Nashville, Tennessee on Tuesday, where he defended his actions on immigration and again called on Congress to pass an immigration bill. (Photo by Drew Angerer/Getty Images)
Protesters wave signs as US President Barack Obama arrives to speak about his recent executive actions on immigration on December 9, 2014 at the Casa Azafran, a community center and home to a number of immigrant-related nonprofit organizations, in Nashville, Tennessee. Obama's controversial overhaul provides three-year relief for millions of undocumented people who have lived in the country for more than five years and have children that are US citizens or legal residents. AFP PHOTO/NICHOLAS KAMM (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)
US President Barack Obama greets attendees after speaking about his recent executive actions on immigration on December 9, 2014 at the Casa Azafran, a community center and home to a number of immigrant-related nonprofit organizations, in Nashville, Tennessee. Obama's controversial overhaul provides three-year relief for millions of undocumented people who have lived in the country for more than five years and have children that are US citizens or legal residents. AFP PHOTO/NICHOLAS KAMM (Photo credit should read NICHOLAS KAMM/AFP/Getty Images)
NEW YORK, NY - NOVEMBER 21: Immigrants rights activists gather to celebrate U.S. President Barack Obama's executive action on immigration policy in Washington Square Park on November 21, 2014 in New York City. Obama announced a plan on Thursday that would ease the threat of deportation for about 4.7 million undocumented immigrants in the United States. (Photo by John Moore/Getty Images)
LAS VEGAS, NV - NOVEMBER 21: Immigration activist Astrid Silva introduces U.S. President Barack Obama to speak on his executive action on U.S. immigration policy at Del Sol High School on November 21, 2014 in Las Vegas, Nevada. Obama outlined a plan on Thursday to ease the threat of deportation for about 4.7 million undocumented immigrants. (Photo by Ethan Miller/Getty Images)
WASHINGTON, DC - NOVEMBER 21: About 100 people gather to rally in support of President Barack Obama's executive action on immigration policy in Lafayette Square across from the White House November 21, 2014 in Washington, DC. Obama announced a plan on Thursday that would ease the threat of deportation for about 4.7 million undocumented immigrants in the United States. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON, DC - NOVEMBER 21: An anti-immigration demonstrator moves among about 100 people who have gathered to rally in support of President Barack Obama's executive action on immigration policy in Lafayette Square across from the White House November 21, 2014 in Washington, DC. Obama announced a plan on Thursday that would ease the threat of deportation for about 4.7 million undocumented immigrants in the United States. (Photo by Chip Somodevilla/Getty Images)
US President Barack Obama delivers remarks on the new steps he will be taking within his executive authority on immigration at Del Sol High School in Las Vegas, Nevada, November 21, 2014. AFP PHOTO / Jim WATSON (Photo credit should read JIM WATSON/AFP/Getty Images)
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WASHINGTON (AP) - The Justice Department will seek a stay of a federal judge's decision temporarily blocking President Barack Obama's action to protect millions of immigrants from deportation.

White House spokesman Josh Earnest says the paperwork will be filed with the court by Monday.

Earnest said Friday that the decision to seek a stay is separate from the administration's plan to appeal Monday's ruling by U.S. District Judge Andrew Hanen in Texas.

Earnest says Obama's advisers believe the president acted within his rights last year when he used his executive authority to spare from deportation as many as 5 million people who are in the U.S. illegally.

The judge's ruling came in response to a lawsuit against Obama's actions that was filed by a coalition of states, led by Texas.

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