Friday, August 24, 2012

Complaint in Kris Kobach's Latest Immigration Lawsuit and Challenge to Obama Administration

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Photo courtesy of KrisKobach.org

Bill Hing reported earlier on ImmigrationProf about Kansas Secretary of State Kris Kobach filing suit in federal court in the Northern District of Texas on behalf of a group of Immigration and Custom Enforcement Officers challenging the Obama administration's Deferred Action for Childhood Arrivals program.  Here is the Complaint, Download DACA Complaint, which alleges that the program violates federal immigration and other laws and intrudes on the power of Congress (and thus violates the constitutional separation of powers).

In reporting on the lawsuit, the Houston Chronicle reports that "Kobach . . . was a delegate to the platform committee for next week's Republican National Convention."  He apparently has been successful in convincing the GOP to adopt a tough-on-immigration plank.  Immigration Impact, which reports that the lawsuit is being funded by the restrictionist group Numbers USA, opines that the suit is likely to fail as a legal matter, which seems right to me. 

A statement released by AFL-CIO President Richard Trumka AFL-CIO emphasizes that "The AFL-CIO strongly disagrees with the contention of a group of 10 immigration agents that upholding President Obama’s policy toward young, aspiring U.S. citizens who arrived in this country as children is in any way in conflict with the constitution or federal law. These agents are working with some of the most anti-immigrant forces in the country, forces that have long sowed division and destruction." (emphasis added).

KJ

http://lawprofessors.typepad.com/immigration/2012/08/complaint-in-kris-kobachs-latest-immigration-lawsuit-and-challenge-to-obama-administration.html

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