Tuesday, April 7, 2015
House Dems File Amici Brief in Texas v. United States, Support Obama Administration's Expanded Deferred Action Program
Yesterday, we posted the immigration law law professors amici curiae brief in Texas v. United States. In addition, Wilmer Cutler Pickering Hale and Dorr LLP filed a BRIEF FOR 181 MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AS AMICI CURIAE IN SUPPORT OF DEFENDANTS-APPELLANTS. The brief offers support for the legal authority for the Obama administration's expanded deferred action program and argues the following:
I. THE DEFERRED ACTION MEMORANDUM IS WITHIN THE SECRETARY’S STATUTORILY VESTED DISCRETION
A. The Secretary’s Establishment Of Enforcement Policies And Priorities Is Within His Statutorily Vested Discretion
B. The Deferred Action Memorandum Does Not Amount To An Abdication Of The Secretary’s Enforcement Duties
C. The Pre-Existing Accommodations Available To Undocumented Immigrants Against Whom Action Is Deferred Are Within The Secretary’s Statutorily Vested Discretion
II. THE DEFERRED ACTION MEMORANDUM WAS ISSUED VALIDLY UNDER THE APA
A. The Issuance Of The Deferred Action Memorandum Is Unreviewable Under The APA
B. The Issuance Of The Deferred Action Memorandum Is Not Subject To The APA’s Notice-And-Comment Requirements
All members of the House Democratic leadership, including Minority Leader Nancy Pelosi (Calif.), Minority Whip Steny Hoyer (Md.), Assistant Leader James Clyburn (S.C.) and Caucus Chairman Xavier Becerra (Calif.), signed on to the amici brief.
Twelve of the 188 Democrats in the House didn't sign onto the brief. The 12 Democrats who left their names off are mostly centrists and members who will face tough reelection races next year: Reps. Brad Ashford (Neb.), Jim Cooper (Tenn.), Henry Cuellar (Texas), Gwen Graham (Fla.), Rick Larsen (Wash.), Dan Lipinski (Ill.), Stephen Lynch (Mass.), Collin Peterson (Minn.), Kurt Schrader (Ore.), Kyrsten Sinema (Ariz.), Peter Visclosky (Ind.) and Tim Walz (Minn.).
Five non-voting delegates who caucus with the Democrats were among the brief's signatories: Madeleine Bordallo (Guam), Eleanor Holmes Norton (D.C.), Pedro Pierluisi (Puerto Rico), Stacey Plaskett (Virgin Islands) and Gregorio Sablan (Northern Mariana Islands).
For more details, see this article from The Hill.
In addition, more than 70 city and county leaders (including from Los Angeles, New York City, Chicago, Denver) submitted an amici curiae brief in support of the Obama administration's executive actions. That brief argues that:
I. The District Court Failed to Adequately Consider the the Public Interest
II. Delaying the Implementation of the Executive Action Harms the Public Interest
A. The Executive Action Will Increase Public Safety by Encouraging More Immigrant Residents to Cooperate With Law Enforcement
B. The Executive Action Will Stimulate Economic Growth in Cities and Counties Nationwide
C. The Executive Action Will Promote Family Unity and Facilitate the Integration of Immigrant Residents in Cities and Counties Nationwide