Immigration Reform News 2014: Tennessee Becomes 25th Plaintiff Against Obama's Immigration Reform
The state of Tennessee has become the 25th plaintiff to join the lawsuit against President Obama over his decision to take executive action to enact immigration reform.
The state's attorney general declared it was in Tennessee's best interests to join the fight against the president.
"While the subject of the executive action was immigration, the lawsuit is not about immigration," said Herbert Slatery, Tennessee's Attorney General in a statement. "It is really more about the rule of law and the limitations that prevent the executive branch from taking over a role constitutionally reserved for Congress. The executive directives issued by the White House and Homeland Security conflict with existing federal law. They replace prosecutorial discretion over 4 million people."
Slatery added, "The directives also are rules that have been issued without complying with the Administrative Procedures Act. However frustrating and painstakingly long the federal legislative process may be, making law is the prerogative of Congress, not the executive branch. Congress can resolve all of the issues raised by this lawsuit, and the executive directives for that matter, by timely enacting legislation."
The attorney general of Texas filed the lawsuit in the Southern District Court of the state and the complaint alleges Obama's executive action violates the U.S. Constitution which limits presidential powers, and in the case of Texas, would "exacerbate the humanitarian crisis along the southern border which will affect increased state investment in law enforcement, health care and education."
The lawsuit asks for a preliminary injunction against the executive order.
President Obama announced his executive action on immigration reform on November 20th, which would grant work permits and prevent deportation for three years for up to five million undocumented immigrants. The White House has already said the executive order falls within presidential powers, but argues the ultimate responsibility lies with Congress to enact meaningful immigration reform.
There are believed to be around 124,000 undocumented immigrants in Tennessee, with up to 50,000 residing in Nashville alone.
Slatery's decision for Tennessee to join the lawsuit has been praised by Lt. Governor Ron Ramsey, who calls Obama's decision a "truly shocking display of executive arrogance".
States already signed onto the lawsuit are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Michigan, Mississippi, Montana, Nebraska, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Texas, Utah, West Virginia, and Wisconsin.
READ MORE: States Sue Obama Over Immigration Reform
The federal judge slated to rule on the lawsuit has already been critical of the president's immigration policy. In a ruling concerning four cases in which children arrived in the U.S. illegally alone, and were reunited with a parent also in the country illegally, Judge Andrew Hanen wrote "The Department of Homeland Security has simply chosen not to enforce the United States' border security laws," which he described as "both dangerous and unconscionable."
READ MORE: Federal Judge and Obama's Immigration Reform
This is the 31st time Texas Attorney General Greg Abbott has sued the federal government since Obama came to the White House in 2009.
Abbott said about the lawsuit, "The president is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress, and attempting to rewrite immigration laws, which he has no authority to do."
Abbott will become the governor of Texas in 2015.