Wednesday, December 3, 2014
Law360 reports that 17 states have sued the U.S. government in federal court in Brownsville, Texas today challenging President Barack Obama’s executive action as an unconstitutional exercise of power and seeking an injunction. Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Montana, Nebraska, South Carolina, South Dakota, Utah, West Virginia and Wisconsin are named plaintiffs, along with the governors of Mississippi, Maine, North Carolina and Idaho. They allege that the immigration measures violate the "Take Care" clause of the U.S. Constitution and that agency directives implementing the order violate the Administrative Procedure Act.
Here is a copy of the complaint. The case has been assigned Judge Andrew Hanen, who (as described in this National Review article) has been critical of the Obama administration's immigration enforcement and related policies. Judge Hanen issued a ruling harshly criticizing the U.S. goivernment's reuiniting of an unaccompanied minor with an undocumented parent after the arrest of a person smuggling the child into the country in December 2013 in United States v. Martinez-Nava.