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Sen. Moran Files Amicus Brief in Supreme Court Case Challenging Obama Administration’s Immigration Executive Actions

Obama Administration’s Actions Stand ‘In Stark Contravention of Federal Law’ And Are ‘An Explicit Effort To Circumvent The Legislative Process’ On Immigration

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) joined 42 of his Senate colleagues today in filing an amicus brief in the United States Supreme Court in support of a challenge by a majority of the nation’s governors and state attorneys general to the Obama Administration’s November 2014 executive actions on immigration. The state of Kansas is a co-plaintiff.

The Supreme Court took up this case (United States of America v. State of Texas) after the U.S. Court of Appeals for the Fifth Circuit in November 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. Sen. Moran also filed an amicus brief with the Fifth Circuit Court of Appeals when this case was being considered at the circuit level. The Supreme Court is set to hear arguments on this case on April 18.

“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,” the Senators’ amicus brief states. “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.”

The amicus brief may be found HERE.


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