US Fifth Circuit Court of Appeals

Abbott, Others File Amicus Brief on Executive Amnesty

US Fifth Circuit Court of AppealsJoining the governors of Louisiana, New Jersey and South Dakota, Texas Governor Greg Abbott has filed an “friend of the court” brief in opposition to the Obama administration’s executive amnesty.

The lawsuit against the Federal government will be decided by the Federal government, i.e., the US Fifth Circuit Court of Appeals.

Abbott said, “President Obama and his lawyers have shown an alarming lack of respect for the Rule of Law throughout this entire judicial process. 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, Gov. Abbott 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 governors state that this case is not a debate about immigration policy; rather, it is about the Constitution and the President’s most recent attempt to circumvent it.

The brief emphasizes that Congress passed the federal immigration laws in 1952, and that those laws have been amended numerous times over the ensuing decades. They state that efforts by previous Congresses and previous Presidents mean nothing if the current President is able 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.


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