Inhofe Files Amicus Brief in Supreme Court Case on Obama’s Unconstitutional Amnesty Executive Order

WASHINGTON — U.S. Sen. Jim Inhofe (R-Okla.) joined a group of 43 Senate Republicans today in filing an amicus brief in the U.S. Supreme Court in support of a challenge by a majority of the nation’s governors and attorneys general of the states, led by the State of Texas, to the Obama administration’s November 2014 executive actions on immigration. 

The Supreme Court took up this case (United States of America vs. State of Texas) after the U.S. Court of Appeals for the Fifth Circuit in November of 2015 affirmed a preliminary injunction by a federal district court in Brownsville, Texas blocking the Obama Administration from moving forward with its executive actions on immigration that are in violation of federal law. The Supreme Court is set to hear arguments on this case on April 18.

In the amicus brief, the Senators’ wrote, “Given that the Executive has asserted that the acts challenged here are not even subject to judicial review, what is at stake in this matter is nothing less than an effort to supplant Congress’s constitutional power to ‘establish an uniform Rule of Naturalization.’ Such an action stands in stark contravention to federal law and to the constitutional principle of the separation of powers. There is little doubt that the Executive adopted the Deferred Action for Parents of Americans and Lawful Permanent Residents (‘DAPA’) program as part of an explicit effort to circumvent the legislative process.”

In response to the filing of the amicus brief, Inhofe said, “The president went against the will of the people by going around Congress and granting 5 million illegal immigrants amnesty more than a year ago,  and it is our duty in the Senate to hold him accountable. As I said when he first issued this executive order, if the president finds a law problematic, he must work with Congress to change the law. He does not have the authority to unilaterally declare that a law simply does not apply to millions of people. I commend Attorney General Scott Pruitt and the state of Oklahoma for helping lead the charge against the president’s unconstitutional executive overreach, and I urge the Supreme Court to recognize what all the previous courts have found to be the case – that the president’s actions were unconstitutional and should be overturned.” 

The 43 Senators who joined the amicus brief are Senators Alexander, Barrasso, Blunt, Boozman, Capito, Cassidy, Coats, Cochran, Corker, Cornyn, Cotton, Crapo, Cruz, Daines, Enzi, Fischer, Graham, Grassley, Hatch, Hoeven, Inhofe, Isakson, Johnson, Lankford, Lee, McCain, McConnell, Moran, Paul, Perdue, Risch, Roberts, Rounds, Rubio, Sasse, Scott, Sessions, Shelby, Sullivan, Thune, Tillis, Vitter, and Wicker.

A copy of the amicus brief can be found by clicking here. 

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