Respondents appealed and moved for a stay pending appeal and an immediate administrative stay. Less than 24 hours later, before the US had filed a full response to the stay motion, the court of appeals granted what it called an “administrative stay,” stayed the effect of that stay for seven days “pending an application to the Supreme Court of the United States,” expedited the appeal, and deferred the motion for a stay pending appeal to the merits panel. Absent this Court’s intervention, SB4 will go into effect at 12:01 a.m. on March 10, 2024, profoundly altering the status quo that has existed between the United States and the States in the context of immigration for almost 150 years. ... By purporting to grant an “administrative” stay but deferring action on the underlying stay motion indefinitely, the court effectively granted a stay pending appeal without engaging in the necessary consideration of likelihood of success on the merits, the balance of harms, or the public interest.
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