ACLJ, Lawmakers Challenge Obama Immigration Order
The American Center for Law and Justice, joined by more than 100 members of Congress, has filed a lawsuit in federal appeals court to have President Barack Obama's executive orders on immigration declared unconstitutional.
Attorneys submitted an amicus brief with the 5th Circuit, challenging the president's immigration orders. Texas lawmakers led the court challenge, including Lone Star Sens. John Cornyn and Ted Cruz and former House Judiciary Committee Chairman Lamar Smith. The ACLJ also filed on behalf of Senate Majority Leader Mitch McConnell and 25 other states.
"Our position is clear--President Obama's executive action is unconstitutional and impermissably disrupts the separation of powers," ACLJ Chief Counsel Jay Sekulow said. He called the orders an "overreach" that amounts to changing the law.
"Impatient presidents don't get to change the law," Sekulow added.
A lower court previously put the Obama immigration plan on hold. In Monday's amicus brief, the ACLJ insisted the government "exceeded the bounds of prosecutorial discretion and abdicated its duty to faithfully execute the law.
The brief further argues "The DHS (Department of Homeland Security) creates a new class--the roughly four million parents of U.S. citizens (and lawful permanent residents) who are unlawfully in the United States...."
The government's creation of a categorical class-based program is neither moored in consitutional authority nor in authority delegated by a lawful statute passed by Congress."
Supporters of the court brief include 25 senators, 88 members of the House of Representatives, and 220,000 Americans.
