A federal judge in Texas has refused to lift a temporary hold on President Barack Obama’s executive action that could shield millions of immigrants from deportation.

US District Judge Andrew Hanen turned down the request from the US Department of Justice today.

Hanen issued a preliminary injunction on February 16 to halt the immigration action by Obama, who wants to spare from deportation as many as five million people who are in the US illegally.

The injunction was sought by a coalition of 26 states, led by Texas, which argued Obama’s executive action was unconstitutional.

The Justice Department has already asked the 5th US Circuit Court of Appeals in New Orleans to step in. The appeals court is scheduled to hear arguments on April 17. A decision could take months.

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