US House files legal challenge to Obama’s immigration action

Following a early-March vote, the U.S. House of Representatives has filed an amicus brief claiming President Obama overstepped his legal authority with executive action to prevent the deportation of illegal immigrants.

The 36-page brief states President Obama’s action promotes lawbreaking and reminds the court the president’s primary function is to enforce laws not make them.

The legal brief, in part, reads:

“The Executive may disagree with the laws Congress enacts and may try to persuade Congress to change them. But neither any immigration law now on the books nor the Constitution empowers the Executive to authorize—let alone facilitate—the prospective violation of those laws on a massive class-wide scale.”

Although the amicus brief filed on Monday represents the entire House, five GOP lawmakers broke ranks and sided with Democrats opposing the filing in the early-March vote.  Democrats in the House swiftly filed their own amicus brief in support of Mr. Obama’s Executive Action.

Bogged down by legal challenges from 26 states, Mr. Obama’s immigration action has been stalled since a federal judge sided with the states’ suit.

The Supreme Court is expected to hear beginning arguments on April 18. 


[] [The Hill] [Photo courtesy Corbis]