Federal Court uses IRLI’s work in re-asserting Congress’s authority over immigration
May 27, 2015
(Washington, D.C.) – The Immigration Reform Law Institute (IRLI) is very pleased with yesterday’s decision from the Fifth Circuit Court of Appeals to reject the Obama Administration’s request to lift a district court injunction against its unlawful amnesty agenda. IRLI, along with the Federation for American Immigration Reform, The Remembrance Project, and the National Sheriffs’ Association, filed a friend-of-the-court brief inTexas v. US (Civil Action No. 15-40238) on behalf of the 26 Plaintiff States arguing that the President’s executive actions did not comply with the Administrative Procedure Act, strips Congress of its plenary authority over immigration, and dismantles the separation of power under our nation’s constitution.
As part of their motion to end the district court’s injunction, the President’s attorneys argued that government decisions to allocate deferred action benefits cannot be reviewed by federal courts in light of the Supreme Court’s 1996 decision in Reno v. Anti-Arab American Discrimination Commission. In rejecting this assertion, the Fifth Circuit closely tracked arguments IRLI made in its brief, for example, that the statutory provisions cited by the President’s attorneys did circumscribe some authority of the courts to hear appeals of agency decisions to remove an inadmissible alien, but only for claims brought by or on behalf of an alien, and only in regards to an agency decision to “commence proceedings, adjudicate cases, or execute removal orders.” Neither applies to a situation where claims are brought by injured states and where the actions in question, the giving out of amnesty and federal benefits, do not arise out of the three discrete decisions the Supreme Court cited in Reno.
Dale L. Wilcox, IRLI’s Executive Director commented, “We are pleased with the Fifth Circuit’s decision to maintain the injunction of the Obama Administration’s amnesty plans and we’re honored to have had our work toward that end used by the Court.” Wilcox continued, “Congress never intended for the President to wipe away our carefully-crafted immigration laws by declaring mass amnesty and then claim he could never be challenged in court. The attempts of the President’s attorneys to misconstrue court precedent cannot prevail in a system built on the rule of law and thankfully that was confirmed yesterday by the Fifth Circuit.”
IRLI’s friend-of-the-court brief can be found here.
The Fifth Circuit’s decision can be found here.