Abbott Texas & 16 States Sue President Obama on Immigration Executive Order

by: JimCardle
2014-12-03
Source: texasinsider
01/24/2020

Texas leads 17-State coalition in challenge to Obamas Unconstitutional Executive Order on Immigration AUSTIN Texas (Texas Insider Report) The Presidents unilateral executive action tramples the U.S. Constitutions Take Care Clause and federal law. The Constitutions Take Care Clause limits the Presidents power and ensures that he will faithfully execute Congresss laws not rewrite them under the guise of prosecutorial discretion" said Texas Attorney General Greg Abbott after taking legal action to challenge President Barack Obamas recent executive action on immigration. The Department of Homeland Securitys directive was issued without following the Administrative Procedure Acts rulemaking guidelines and is 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.

The President is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and is attempting to rewrite immigration laws which he has no authority to do something the President himself has previously admitted" said Texas Attorney General Abbott who will become governor of Texas in mid-January.

Watch Abbotts News Conference & read the 17 state lawsuit challenging President Obamas immigration executive action.

On November 20 President Obama announced he was suspending the Department of Homeland Securitys Secure Communities Program by Executive Order. That program is responsible for identifying and deporting

thousands of dangerous criminals who are in the U.S. illegally and in the custody of law enforcement. President Obamas 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" said Abbott during a 2 p.m. news conference held in the Price Daniel Building in Austin Texas on Wednesday Dec. 3 2014.

Watch Attorney General Abbotts Press Conference

Multi-state lawsuit challenging President Obamas immigration executive action

Abbott had issued the following comments immediately after President Obama announced November 20th that he was reversing his multiple previous statements regarding whether a president could make such changes via Executive Order:

This is a legal issue not a political issue and President Obama has crossed a serious legal line with his proposed unilateral immigration executive action.

The Presidents action violates his constitutional duty to faithfully enforce immigration laws that were duly enacted by Congress circumvents the will of the American people and is an affront to the families and individuals who follow our laws to legally immigrate to the United States.

The State of Texas will assert a legal action against President Obamas unconstitutional abuse of power.

The States legal challenges announced by Abbott to the Presidents executive action include:

The executive action on immigration conflicts with the Presidents 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 Congresss laws not unilaterally rewrite them under the cover of prosecutorial discretion."
The DHS Directive failed to comply with the Administrative Procedure Acts 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 States case was filed in U.S. District Court in the Southern District of Texas. The multi-state coalition includes: