Despite a setback to President Barack Obama's immigration action in the Fifth Circuit Court of Appeals on Tuesday, the U.S. Justice Department will not ask the Supreme Court to stay the injunction, a Department spokesman said.

Twenty-six states blocked the launch of the executive action, estimated to provide relief from deportation to 4.7 million undocumented immigrants, in a ruling first decided by a Texas District judge in February.

The Fifth Circuit will hear an appeal to the injunction in July.