Brooks: Obama Defies the Constitution, Abandons the American People

Statement

President Obama's executive amnesty plan seeks to unlawfully legalize millions of illegal aliens in America. As shown by his previous statements, President Obama acknowledges that his executive amnesty plan is illegal and unconstitutional, yet has done it anyway in response to pressure from national Democratic Party open borders and pro-amnesty special interest groups, despite the economic damage done to struggling American families.

Congressman Brooks' Statement:

"On January 20, 2009, and again in 2013, President Obama, in taking the oath of office, swore that he would preserve, protect, and defend the Constitution of the United States. In dictating his executive amnesty plans, President Obama plainly rejected the authority of America's founding document, disavowed his oath of office, repudiated the office of the Presidency, and abandoned the interests of the American people.

"Last night's announcement is bait for further illegal immigration. President Obama's executive amnesty plan is a proclamation to the world that the rule of immigration law in America is defunct. As America learned in 1986, amnesty does not solve illegal immigration problems and, to the contrary, is a catalyst for even more illegal immigration. We must uphold the rule of law and embrace a fair immigration process. Granting amnesty to millions of law-breakers is not fair, and supporting illegal conduct is not American.

"President Obama claims he acts because Congress has not. However, Congress has passed numerous laws to address our immigration system thatthe president chooses to ignore. There is one and only one cause for America's immigration mess: a White House that adamantly defies the American people by refusing to uphold the Constitution and enforce immigration law.

"Congress must work to rein in the Administration's tyrannical attack on America's Republic. Although I hoped it would not come to this point, earlier this week I introduced a resolution to authorize the House of Representatives to seek a declaratory judgment action in federal court to determine whether President Obama's amnesty executive order violates the Constitution and federal immigration laws, and, if so, to obtain injunctive relief and a writ of mandamus to compel President Obama and the Executive Branch to obey immigration laws as passed by Congress, signed into law by presidents, and interpreted by federal judges.

"While presidents may use executive orders to implement federal statutes, it is well established that the executive order will only have the effect of law if the underlying power is vested in the president by the Constitution, or delegated to him by Congress. The president does not have the authority to implement policy decisions that are not authorized by law. And in the case of immigration policy, that falls squarely in the realm of the legislature. In fact, the United States Supreme Court has repeatedly emphasized that "over no conceivable subject is the legislative power of Congress more complete than it is over" immigration. Oceanic Navigation Co. v. Stranahan, 214 U.S. 320, 339 (1909); accord, Kleindienst v. Mandel, 408 U.S. 753, 766 (1972).

"Therefore, President Obama's rash, unilateral amnesty decree is not an appropriate use of executive authority and is illegal. The federal courts have the power, and indeed the duty, to reverse this unconstitutional action, lest our nation of laws become one of lawlessness. Under our system of government, legal disputes of this nature are for the courts to decide. My resolution empowers the U.S. House of Representatives to do that.

"As another approach to block executive amnesty, I joined more than 60 House Republicans last week in sending a letter to the House Appropriations Committee, requesting they use FY 2015 appropriations legislation to preemptively bar funds from being used to illegally grant amnesty and work permits to illegal aliens via executive orders.

"In addition, I cosponsored the Executive Amnesty Prevention Act, another bill introduced in the House which states that the Executive Branch does not have the authority to exempt categories of persons unlawfully present in the U.S. from deportation laws. It also makes clear that any executive action seeking to exempt these categories of persons is a violation of the law and thus has no legal effect.

"President Obama should be held to his own words and bound by the United States Constitution he swore to preserve, protect, and defend. Under America's Constitution, we elect presidents, not dictators or tyrants."

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