One-hundred and thirteen Republicans in Congress told a federal court on Monday that they support the 26 states currently suing the Obama administration over its unilateral attempt to provide deportation relief to millions of illegal immigrants living in the country.
In an amicus brief filed with the 5th Circuit Court of Appeals in New Orleans, the Republican lawmakers argue that President Obama acted beyond his constitutional authority with programs designed to halt deportations and grant work permits to some 4 million illegal immigrants.
"The government's creation of a categorical, class-based program is neither moored in constitutional authority nor in authority delegated by a lawful statute passed by Congress," the brief reads. "By enacting a sweeping new program under the guise of prosecutorial discretion, [the Obama administration] violated controlling precedent and abdicated their constitutional duty to faithfully execute the law."
Republican signatories include Senate Majority Leader Mitch McConnell of Kentucky and House Judiciary Committee Chairman Bob Goodlatte of Virginia.
The friend-of-the-court brief continues: "Few enumerated powers are more fundamental to the sovereignty of the United States than the control of the ingress and egress of immigrants. The Constitution vested in Congress 'all legislative powers,' ... and particularly vested in Congress the exclusive authority to 'establish [a] uniform Rule of Naturalization..' In 1817 the Supreme Court recognized Congress's exclusive authority over naturalization. ... Beyond naturalization, the Supreme Court has recognized that Congress has plenary power over immigration, and has said that 'over no conceivable subject is the legislative power of Congress more complete than it is over' immigration."
It was filed in support of a lawsuit brought last year by Texas and 25 other states, who argue that Obama's executive actions violated his constitutional duty to enforce the law and placed undue financial burden on state budgets.
In February, U.S. District Judge Andrew Hanen of Brownsville, Texas ruled that the states had a legitimate concern and ordered the government to temporarily halt the program until its constitutionality can be determined. The administration appealed Hanen's injunction, and the case is currently pending before the appeals court.
Jay Sekulow of the American Center for Law and Justice, the organization representing the 113 members of Congress, told WND, "Our position is clear - President Obama's executive action is unconstitutional and impermissibly disrupts the separation of powers."
"This is simply unacceptable. Impatient presidents don't get to change the law," he added. "We're confident that the appeals court will correctly conclude that President Obama's action is unlawful and unconstitutional and will uphold the findings of the district court."
Also included among the 25 Senators and 88 members of the House are Sen. John Cornyn, the majority whip from Texas, and 2016 presidential hopeful Sen. Ted Cruz of Texas. Supporters in the House include Reps. Trey Gowdy (S.C.); Tom Price (Ga.); Michael McCaul (Texas), head of the Homeland Security Committee; and Lamar Smith (R-Texas), the former head of the Judiciary panel, reported The Hill.
The White House issued an email statement on Monday in response to the filing, noting the number of states, Democratic lawmakers and businesses who have filed their own legal briefs supporting Obama's executive actions.
"Though these individuals and groups come from different backgrounds and perspectives, they're all in agreement that [the] President's actions are good for public safety and good for the economy," an administration official wrote in the email, according to The Hill.
