Governor Abbott Files Amicus Brief On Executive Amnesty

March 24, 2015 | Austin, Texas | Press Release

Governor Greg Abbott has filed an amicus brief in opposition to the Obama administration’s Emergency Motion for Stay Pending Appeal in the case to halt President Obama’s executive amnesty. The Governors of Louisiana, New Jersey and South Dakota joined Governor Abbott in filing an amicus curiae or friend of the court brief.

“President Obama and his lawyers have shown an alarming lack of respect for the Rule of Law throughout this entire judicial process,” Governor Abbott said in a statement. “I expect their request for a stay to be denied so these proceedings can continue, and I am confident the case will ultimately result in victory not only for the State of Texas, but also for the Constitution of the United States.”

In the brief, the Governor says the states have two interests in defending the preliminary injunction entered by the district court: to protect the executive branches in the Governors’ states from “irreparable injuries,” and to rebut “the arguments offered by the State of Washington on behalf of 13 other states.”

The brief goes on to highlight that, while the State of Washington may prefer the immigration policy embodied in the President’s executive action, this case is not a debate about immigration policy; instead it is about the Constitution and the President’s most recent attempt to circumvent it.

The Governors’ brief emphasizes that Congress passed the federal immigration laws in 1952, and that those laws have been amended numerous times over the ensuing decades.  Those efforts by previous Congresses and previous Presidents mean nothing if they allow the current President to unilaterally dispense with those statutes, unilaterally create a new immigration system, unilaterally create new employment and social welfare programs, and insulate the entire effort from judicial review.

To view the full brief, click here.