WATCH: Judge Napolitano Explains Why New Ruling Could Delay Amnesty 'Forever’

Barbara Boland | February 17, 2015
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The Federal court ruling handed down late last night by U.S. District Judge Andrew Hanen granting 26 states’ request to block President Obama's executive action on illegal immigration until a lawsuit to permanently stop it makes its way through the courts may delay amnesty forever, according to Judge Andrew Napolitano.

If a Houston appeals court doesn't intervene with last night's ruling - and Napolitano believes it won't - amnesty will be delayed "probably forever," he says.

Napolitano explains on Fox News today “It’s rare for a sitting Federal court judge to stop the President from doing what he wants to do, and not delay the stop until the appellate court can review it. In other words, last night… a Federal judge signed an order enjoining the President of the United States, the Secretary of Homeland Security and all of the people below them… from enforcing the Presidential amnesty. Ordinarily when a judge says ‘The President is wrong, the statute is unconstitutional, but let the appeals court decide.’ This judge didn’t do tha. This judge stopped this from kicking in – it was supposed to kick in today.”

Listen to the clip below as Judge Napolitano explains the procedures of the appeals courts and why he thinks that amnesty will never happen.

"You could count on one hand the number of times a single federal judge has done this to a President of the United States since World War II and you would not use all your fingers," he said.

In the memorandum Judge Hanen wrote accompanying his order, he said that he granted the preliminary injunction because the states will "suffer irreparable harm” without it. "The genie would be impossible to put back into the bottle," he wrote, because effectively legalizing the presence of millions of people is a "virtually irreversible" action.