The Department of Justice will not ask the Supreme Court to lift an order blocking President Obama’s executive action on immigration, and instead, it will focus on appealing that order in the U.S. Court of Appeals for the Fifth Circuit.

The Fifth Circuit of Appeals ruled 2-1 Tuesday against lifting the hold put forth by a Texas federal judge to block Obama’s immigration executive action. That decision means Obama can’t implement his action, aimed at sparing millions of illegal immigrants from deportation and allowing them to work, while the Fifth Circuit hears the appeal.