DeGette Joins Members of House and Senate to File Amicus Brief in U.S. Supreme Court to Support Obama Administration's Immigration Executive Actions

Press Release

Congresswoman Diana DeGette (CO-01) joined 184 House Democrats and 34 Senate Democrats to file an amicus brief last night in support of the petition for certiorari to the Supreme Court seeking review of the U.S. Fifth Circuit Court of Appeals ruling, which blocked the Secretary of Homeland Security from implementing the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and expanding the Deferred Action for Childhood Arrivals (DACA) program. These programs were announced by President Obama last November as part of his Executive Actions on Immigration.

"President Obama's decision to review immigration enforcement priorities and re-focus our resources on national security threats and violent criminals is both in line with the Constitution and with the views of the majority of Americans," said Rep. DeGette. "I am proud to file this amicus brief in support of the President's actions, and I look forward to working with my colleagues here in the House to finally address the need for comprehensive immigration reform. Too many aspiring Americans have been forced to live in limbo while Republicans in Congress drag their feet and ignore reality; the time to fix our broken immigration system is now."

The brief makes the case, from the perspective of 218 Members of Congress, that DAPA and expanded DACA are consistent with Congressional intent and the Executive's longstanding legal authority to establish national immigration enforcement priorities and exercise discretion in the enforcement of our immigration laws. As stated in the brief: Congress has "granted the Secretary [of Homeland Security] broad discretion in determining how to carry out the immigration laws, and has explicitly directed the Secretary to establish policies and priorities for enforcement of those laws."

Rep. DeGette and her congressional colleagues are deeply concerned that the Fifth Circuit Court decision interferes with Congress's ability to grant the Executive the flexibility and discretion as necessary to enforce the law in a rational, effective, and efficient manner. The ruling would instead "force Congress to specifically prescribe every priority and power with detailed enforcement instructions," the practical effect of which -- if allowed to stand -- would strip the Executive of broad authority to make discretionary judgments on how best to enforce the nation's immigration laws where Congress has not prescribed a specific action, and would devastate millions of individuals, families, and communities across the nation.

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