President Barack Obama’s executive order on immigration policy and amnesty has been halted by a judge in Texas. US District Judge Andrew Hanen’s decision puts on hold Obama’s orders to stop deportation of as many as five million people who are in the US illegally.

Hanen ordered the government not to proceed with any portion of the Deferred Action for Parents of Americans and Lawful Permanent Residents, (DAPA). The federal government on Tuesday is expected to appeal the ruling to the 5th US Circuit Court of Appeals in New Orleans.

In his order the federal judge said the court found “that at least one plaintiff has satisfied all the necessary elements to maintain a lawsuit and to obtain a temporary injunction.”

The injunction is until “a final resolution of the merits of this case or until a further order of this court, the United States Court of Appeals for the Fifth Circuit or the United States Supreme Court,” the judge ordered.

Obama’s amnesty plans are forecast to allow at least five million illegal aliens in the US to be given a legal status, where they could hold jobs, driver’s licenses – and critics say they would even be allowed to vote.

Hanen wrote in the judgement that about the states’ interest in not allowing “their own resources” to be drained by the “constant influx of illegal immigrants.” He found “States ultimately bear the brunt of illegal immigration.” The judge noted the reality of the immigration situation.

“When apprehending illegal aliens, the government often processes and releases them with only the promise that they will return for a hearing if and when the government decides to hold one. In the meantime, the states – with little or no help from the government – are required by law to provide various services to this population.”

He continued, “It is indisputable that the states are harmed to some extent by the government’s action and inaction in the area of immigration.”

Judge Hanen has been an outspoken critic of the administration on immigration policy. In a 2013 ruling in a separate case, Hanen suggested the Homeland Security Department should be arresting parents living in the U.S. illegally, who induce their children to cross the border illegally.

He wrote in the verdict that the states had satisfied the minimum legal requirements to bring their lawsuit. He said the Obama administration had failed to comply with basic administrative procedures for putting such a sweeping program into effect.

The administration argued that Obama was well within long-established federal authority for a president to decide how to enforce the immigration laws. The executive order was challenged by a coalition, led by Texas and made up of mostly conservative states in the South and Midwest.