ACLJ APPLAUDS APPEALS COURT DECISION REFUSING TO LIFT A TEMPORARY HOLD ON PRESIDENT OBAMA'S ILLEGAL IMMIGRATION ACTION

(Washington, DC) – The American Center for Law & Justice (ACLJ) – which represented key members of Congress in an amicus brief – called today’s decision by a federal appeals court refusing to lift a temporary hold on President Obama’s executive action on illegal immigration a “very reasonable and sound” decision.

Today, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit denied a motion by the Obama Administration urging the court to remove an injunction that blocked implementation of the President’s action.

That’s exactly what the ACLJ urged the appeals court to do when it filed an amicus brief in March on behalf of the two U.S. Senators from Texas – the lead plaintiff in the case – Senator Ted Cruz and John Cornyn, as well as Representative Bob Goodlatte, Chairman of the House Judiciary Committee and Representative Lamar Smith of Texas, a current member and former Chairman of the House Judiciary Committee.

“We are extremely pleased that the appeals court reached a very reasonable and sound decision,” said Jay Sekulow, Chief Counsel of the ACLJ.  “We urged the appeals court to leave the preliminary injunction in place arguing that the Obama Administration’s request to remove the injunction was just another flawed attempt to circumvent the legal process and to put in place an unconstitutional power grab that is not only unlawful but unconstitutional as well. We’re confident the court ultimately will conclude that President Obama’s overreach, in effect, changed the law – a violation of the separation of powers. Impatient presidents don’t get to change the law.”

Earlier this month, in a separate move, the ACLJ filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit supporting the lawsuit filed by 26 states to challenge the President’s actions.

The ACLJ represents 113 Members of Congress – including Senate Majority Leader Mitch McConnell and a strong contingent of lawmakers from Texas.  The brief was led by Texas’ U.S. Senators John Cornyn and Ted Cruz, as well as House Judiciary Committee Chairman Bob Goodlatte and former House Judiciary Committee Chairman Lamar Smith. The ACLJ is deeply involved in the case and filed several briefs earlier that resulted in a lower court putting the illegal immigration plan on hold.

The brief, posted here, argues that President Obama’s lawless executive action on immigration violates the Constitution and the intent of Congress.  Further, the brief argues that the government also “exceeded the bounds of its prosecutorial discretion and abdicated its duty to faithfully execute the law.”

A total of 113 Members of Congress – 25 U.S. Senators and 88 members of the House – have signed on to the ACLJ amicus brief. The complete list of lawmakers represented in the amicus brief is here.

At the same time, the ACLJ also represents nearly 220,000 Americans who have signed on to the ACLJ’s Committee to Defend the Separation of Powers.

In December, Sekulow presented detailed testimony before the House Judiciary Committee explaining why the president’s action on immigration exceeded his executive authority.

Led by Chief Counsel Jay Sekulow, the American Center for Law & Justice is headquartered in Washington, D.C. and online at aclj.org.