The Department of Justice argued in papers filed Monday, that the ability of the federal government to protect national security would be "irreparably harmed" if a federal judge did not lift his injunction blocking implementation of President Obama's executive amnesty program.
"A stay pending appeal is necessary to ensure that the [Department of Homeland Security] is able to most effectively protect national security, public safety, and the integrity of the border," the motion reads. "Absent a stay, DHS will sustain irreparable harm," the motion continues, "harm that would not be cured, even if Defendants ultimately prevail on that appeal.
The papers seeking a stay of United States District Court Judge Andrew Hanen's injunction against Obama's Deferred Action for Parental Accountability program were filed with Hanen who, experts say, is unlikely to issue a stay of his own injunction. But Hanen's decision not to stay his own injunction could then be appealed to the 5th Circuit.
Asked at the White House press briefing to specifically to identify how the government would suffer irreparable harm from a stay blocking Obama's amnesty program, Earnest said, "To put it bluntly, the Department of Homeland Security was ready last week to begin taking the steps that would bring millions of people out of the shadows. These are individuals who have been in this country for a substantial period of time and have family connections inside the country. These are individuals who would begin paying taxes. These are individuals who would submit to a background check. So every day that goes by we have individuals who will continue to be in the shadows, who will continue to not pay taxes, and who will continue to not have gone undergone a background check which means that they could pose a threat to public safety."
Earnest did not explain why or when exactly the 11 million illegal immigrants currently living in the United States suddenly became so much of a national security threat that the Department of Homeland Security had to give them all background checks.
Earnest also did not explain how giving background checks only to those who qualify for Obama's amnesty would somehow protect Americans from all the illegal immigrants that won't come out of the shadows since they know they would fail a background check.
Earnest also did not mention that, according to the Congressional Budget Office, those who would benefit from Obama's amnesty would consume billions more in government services than they pay in federal taxes.
Earnest did say that the DOJ also filed a parallel motion with the 5th Circuit Court to appeal Hanen's underlying injunction.