In 2014, Barack Obama announced several “executive actions” his administration was taking to effectively implement provisions of the “DREAM Act” that Congress refused to enact. These executive actions — called DAPA — grant “lawful presence” to 4 million illegal aliens in the United States.
Texas and 25 other states sued the Obama Administration to challenge the legality of DAPA, and on February 16, 2015, the U.S. District Court for the Southern District of Texas granted the States a preliminary injunction. The Obama Administration appealed to the Fifth Circuit.
CLDEF filed an amicus curiae brief in the Court of Appeals in support of the States. CLDEF’s brief argued that the Obama Administration’s abdication of its duty to enforce federal immigration laws provides standing to the States to bring their claim. Furthermore, DAPA represents an exercise of raw prerogative power, which is not granted to the President by the U.S. Constitution. Finally, DAPA violates the Constitution’s separation of powers, particularly the Presentment and Take Care clauses of the Constitution.
The Fifth Circuit heard oral argument on July 10, 2015, and the case is pending.