A federal appeals court on Monday ruled against President Obama's executive order on immigration.

The 2-1 decision by the 5th U.S. Circuit Court of Appeals deals a setback to Obama's plan by making permanent a Texas judge’s injunction against the expansion of the Deferred Action for Childhood Arrivals program (DACA).

DACA protects young illegal immigrants from deportation if their parents brought them to the U.S. as children.

Judge Andrew Napolitano explained on "The Kelly File" that three judges - the trial judge and two appeals judges - now have used their authority under the Constitution to stop the president from "writing his own law."

He said those judges agreed with the plaintiffs - in this case 25 states, led by Texas - that if Obama's executive order were to be carried out, the financial damage to the states would be a "catastrophic injury."

"This is very, very rare that a single judge would enjoin the president and that that judge would be upheld by an appeals court," Judge Napolitano said.

He explained that taking the case to the Supreme Court is now the Obama administration's only option.

Watch more from "The Kelly File" above.


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