The 5th Circuit Court of Appeals in New Orleans has upheld a legal stay placed on President Obama’s executive immigration orders while a lawsuit brought by 26 states continues in federal court.

The 2-1 vote by a panel of the court leaves in place the February injunction issued by U.S. District Judge Andrew S. Hanen in Texas, rejecting a call by the administration to allow its immigration plan to commence in full.

Obama’s executive orders issued in November 2014 would allow up to 5 million undocumented immigrants to remain in the United States and even receive work permits in many cases.

A second hearing by the 5th Circuit Court is scheduled this summer to consider a separate appeal by the Obama administration. Yesterday’s action rejected the administration’s call for a stay while the appeal is pending.

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