Cramer - House Defends Article I Powers

Press Release

Congressman Kevin Cramer announced today the U.S. House of Representatives passed H. Res. 639. This resolution authorizes Speaker Paul Ryan to file a brief as amicus curiae (friend of the court) with the Supreme Court on behalf of the House of Representatives, arguing President Obama's executive order allowing for deferred action on certain illegal immigrants is unconstitutional.

Additionally, it requires the Speaker to notify the House of Representatives of a decision to file one or more briefs as amicus curiae and stipulates that the Office of General Counsel of the House represents it in connection with any filing. The resolution directs that the position of the House is that the president, through his executive actions, has acted in a manner not consistent with his duties under the Constitution and the laws of the United States.

"It is time for Congress to reclaim our Article I Powers and restore the principle of being a nation of self-governed citizens," said Cramer. "From the clean power plan to illegal immigration this administration has run roughshod over the U.S. Constitution and the Rule of Law. Today's vote by the House sends a clear message to this and future presidents that our nation has three co-equal branches of government and begins to restore Congress' role and authority."

On Nov. 20, 2014, the Obama Administration announced it was taking a number of actions to "fix" what the President has described as a "broken" immigration system. These actions addressed various issues, from border security to legal immigration to enforcement priorities and policies, as well as providing certain relief from removal to some of the approximately 11 million aliens who are present in the United States without a legal immigration status.

Over 25 states, including North Dakota, filed suit challenging the Administration's expansion of Deferred Action for Childhood Arrivals (DACA) and the creation of a DACA-like program for aliens who are parents of U.S. citizens or lawful permanent residents, known as the Deferred Action for Parents of American (DAPA).

The states allege these programs run afoul of the Take Care Clause and separation of powers principles of the Constitution, the Immigration and Nationality Act, and substantive and procedural requirements of the Administrative Procedures Act (APA). After finding the states have standing, and DAPA and the DACA expansion are judicially reviewable, a federal district court enjoined implementation of these programs on Feb. 16, 2015, on the grounds the states are "likely" to prevail in their argument that the programs run afoul of the Administrative Procedure Act's (APA's) procedural requirements.

On Nov. 9, 2015, the U.S. Court of Appeals for the Fifth Circuit affirmed the lower court's finding as to the procedural violation of the APA, and also ruled for the states on their claim that DAPA and the DACA expansion substantively violate the APA because these programs are "not in accordance with law" and "in excess of statutory ... authority." The federal government then sought review from the Supreme Court, which granted its petition for certiorari on Jan. 19, 2016.

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