States Fight Obama’s Claim Immigration Order Is Unreviewable
By Laurel Brubaker Calkins
(Updates with states’ argument in third paragraph.)
(Bloomberg) – Twenty-five states’ top lawyers
blasted the federal government’s claim that President Barack Obama’s executive order letting more than 4 million
undocumented immigrants stay in the U.S. is above judicial review.
The states are trying to block the order from
taking effect until their challenge to overturn the policy plays out in federal
court in Brownsville, Texas. Immigration officials will soon begin processing
applications to let certain undocumented workers avoid deportation and apply for
work permits and some federal benefits, such as Social Security and Medicare.
The administration claims the policy is "challengeable by
no plaintiff, reviewable by no court, and subject to no public input," lawyers
for the states said in an 88-page filing. The last U.S. president to take this
stance was Harry Truman, and the Supreme Court blocked executive orders he issued during a
steelworkers’ labor dispute in 1952, the states said.
"This court should respond likewise," the states said. "Only the courts can
prevent the executive’s self-aggrandizement."
The Department of Homeland Security has urged the judge to dismiss the case, saying the
executive branch has broad authority to order immigration officials to
"prioritize their resources" on removing criminals and illegal immigrants
without family ties to the U.S.
Obama’s Nov. 20 order grants quasi-legal status to more than a third of the
estimated 11 million undocumented immigrants already in the U.S. undocumented
immigrants must have been in the country for more than five years or have a
child who is a U.S. citizen, or have been brought here themselves as children,
to qualify under the new policy. They must also pass a criminal background
check.
The states claim they have the legal right to challenge the executive order
because they have to spend "hundreds of millions of dollars on health, education
and law-enforcement programs" that will be strained by a new wave of immigrants
encouraged to enter the U.S. illegally because of the new policy.
The judge has set a hearing in the matter for Jan. 15.
The case is Texas v. U.S., 1:14-254, U.S. District Court, Southern District
of Texas (Brownsville).
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COMMENTS:
WTF - "challengeable by no plaintiff, reviewable by no court, and subject
to no public input,"
The Emperor has spoken! Let it be written! Let it be done!
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Why should any illegal be eligible for any federal funds? What authority
gives them this privilege other than dictator Obama? SS is supposedly in
trouble, why, because of ridiculous "entitlements" given to illegals and those
that are worthless and do not want to work. We give too much to those who
contribute to nothing but increased crime.
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This is forcing generations of our American people to lose their rightful
inheritance that came from the deaths and sweat and blood of their
ancestors.
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Huge spending programs by any branch should always receive review by the
people's representatives. This Obama executive order is "taxation without
representation."
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EXECUTE OBAMA for TREASON !!
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Tell your Governor NOW to stop this dictatorship over our
sovereign states:
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