ImmigrationHouse Democrats write court in support of Obama’s immigration executive order
On Monday, 181 Democratic House members filed a joint amicus brief, telling the U.S. Court of Appeals for the 5th Circuitthat the executive branch has the authority to make certain policy changes on immigration matters. Specifically, they noted that that the enforcement of immigration laws and the deferral of certain deportations are within the discretion of the executive branch. The lawmakers added that the White House is often better positioned than Congress to determine how to adjust immigration laws.
On Monday, 181 Democratic House members filed a joint amicus brief, telling the U.S. Court of Appeals for the 5th Circuit that the executive branch has the authority to make certain policy changes on immigration matters. Specifically, they noted that that the enforcement of immigration laws and the deferral of certain deportations are within the discretion of the executive branch. The lawmakers added that the White House is often better positioned than Congress to determine how to adjust immigration laws.
“As representatives of diverse communities across the United States, amici have witnessed how an approach to enforcement of the immigration laws that does not focus on appropriate priorities, such as felons or national security threats, undermines confidence in the nation’s immigration laws, wastes resources, and needlessly divides families,” the lawmakers wrote.
“Amici regard the actions of the executive branch challenged in this suit as appropriate measures to ensure that the Department of Homeland Security’s limited enforcement resources are directed toward the removal of persons who pose actual threats to public safety,” the brief states.
The brief is in response to a February injunction issued by U.S. District Court Judge Andrew Hanen in Texas regarding President Barack Obama’s executive orders to grant deferred deportation to some parents of U.S. citizens and legal residents via the Deferred Action for Parents of Americans (DAPA) program, and expand the 2012 Deferred Action for Childhood Arrivals (DACA) program. Twenty-six Republican-controlled states, led by Texas, challenged those orders, saying Obama’s executive orders infringe on powers reserved for Congress and their passing would force states to increase investment in law enforcement, healthcare, and education.
Courthouse News Servicereports that after the ruling, the Justice Department filed an emergency motion to stay the injunction, and an appeal with the 5th Circuit, which is scheduled to hear arguments in New Orleans this month. “This is proceeding on two different levels on two different issues. One is the emergency stay. That will be resolved on April 17 with the hearing that’s already been scheduled,” University of Houston law professor Michael Olivas said.
“But there’s still going to be the full appeal and the final briefings are due on May 18 and they will set that appeal soon thereafter. That will be on the substantive merits of the case.”
Roll Call reports that a group of former members of Congress, including Henry A. Waxman (D-California) and James Leach (R-Iowa), also filed an amicus brief in support of Obama’s executive orders. Past Congresses “have, over time, created a complicated statutory scheme that confers significant discretion on the President to determine how that scheme should be enforced in light of humanitarian concerns, foreign affairs, and available enforcement resources,” read the brief.
