Congressional Republicans Enter Battle to Sustain Injunction against Obama’s Executive Amnesties

113 Republican Members of Congress signed on to an amicus brief that argues the 5th Circuit Court of Appeals should affirm Judge Andrew Hanen’s injunction against implementation of President Obama’s executive amnesties. The list includes Senate Majority Leader Mitch McConnell, Ky., House Judiciary Committee Chairman Bob Goodlatte, Va., former House Judiciary Chairman Lamar Smith, Tex., and Sen. Ted Cruz, Tex.

The brief argues the Administration’s executive amnesties – Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parental Accountability (DAPA) – violate the Constitution and congressional intent by offering a class of illegal aliens a work permit and stay of deportation. The following are excerpts from the brief’s summary:

“Congress has created a comprehensive immigration scheme—which expresses its desired policy as to classes of immigrants—but the class identified by the DHS…is unsupported by this scheme. Moreover, the DHS , by the admission of the President, changes the law and sets a new policy, exceeding the Executive’s constitutional authority and disrupting the delicate balance of powers. The Government also exceeded the bounds of its prosecutorial discretion and abdicated its duty to faithfully execute the law. Instead of setting enforcement priorities, it created a class-based program that establishes eligibility requirements that, if met, grant unlawful immigrants a renewable lawful presence in the United States and substantive benefits… wholly ignore the constitutional issues raised but reserved by court—issues that ultimately bear upon the likelihood of success on the merits. For the reasons stated, this Court should affirm the district court.”

The complete list of Republicans who signed on is contained in the brief. Read more in The Hill.