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发帖数: 29846 | 1 17 States File Lawsuit Challenging Executive Amnesty
by Caroline May 3 Dec 2014, 1:40 PM PDT
Seventeen states are involved in a lawsuit filed Wednesday challenging
President Obama’s executive actions on immigration.
Texas, Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana,
Nebraska, South Carolina, South Dakota, Utah, West Virginia, Wisconsin and
the governors of Mississippi, Maine, North Carolina and Idaho filed the suit
in U.S. District Court in the Southern District of Texas.
The states — led by Texas — charge that Obama’s actions violate the
president’s duty under the Constitution to “take Care that the Laws be
faithfully executed.”
“The Constitution’s Take Care Clause limits the President’s power and
ensures that he will faithfully execute Congress’s laws – not rewrite them
under the guise of ‘prosecutorial discretion,’” Texas Attorney General
Greg Abbott said after filing.
Abbott, who will become governor in January, went on to call the immigration
orders “nothing but an unlawfully adopted legislative rule: an executive
decree that requires federal agencies to award legal benefits to individuals
whose conduct contradicts the priorities of Congress.”
Last month President Obama announced his controversial executive action on
immigration, including granting legal status and work permits to nearly 5
million illegal immigrants — an act which conferred eligibility for
Medicare and Social Security to millions of previously ineligible foreign
nationals.
“The President is abdicating his responsibility to faithfully enforce laws
that were duly enacted by Congress and attempting to rewrite immigration
laws, which he has no authority to do – something the President himself has
previously admitted,” Abbott said. “President Obama’s actions violate
the Take Care Clause of the U.S. Constitution and the Administrative
Procedure Act, which were intended to protect against this sort of executive
disregard of the separation of powers.”
The Texas Attorney Generals’ office laid out the challenge to Obama’s
actions in three bullet points:
- The executive action on immigration conflicts with the President’s
constitutional duty to “take Care that the Laws be faithfully executed.”
The Take Care Clause limits the scope of presidential power and ensures that
the chief executive will uphold and enforce Congress’s laws – not
unilaterally rewrite them under the cover of “prosecutorial discretion.”
- The DHS Directive failed to comply with the Administrative Procedure
Act’s required notice and comment rulemaking process before providing that
legal benefits like federal work permits, Medicare, and Social Security be
awarded to individuals who are openly violating immigration laws.
- The executive action to dispense with federal immigration law will
exacerbate the humanitarian crisis along the southern border, which will
affect increased state investment in law enforcement, health care and
education.
The suit comes as Republicans in Congress consider ways to confront Obama’s
unilateral actions. |
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