(Washington, DC) – The American Center for Law & Justice (ACLJ) today asked a federal appeals court to accept an amicus brief that urges the court to reject a request by the Obama Administration to permit the Administration’s illegal immigration action to move forward.
The ACLJ today submitted its amicus brief to the U.S. Court of Appeals for the Fifth Circuit after the Obama Administration filed an emergency motion asking the appeals court to freeze a preliminary injunction put in place by a lower court that prevented the illegal immigration action to be implemented.
The ACLJ’s motion was also filed 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.
“This case is the latest example of a President who has repeatedly acted outside the scope of his constitutional authority,” said Jay Sekulow, Chief Counsel of the ACLJ. “This emergency motion is a flawed attempt to circumvent the legal process and to put in place an unconstitutional power grab that is not only unlawful but constitutes a violation of the separation of powers. We are asking the federal appeals court to reject this latest brazen attempt at another power grab and to leave the preliminary injunction in place – keeping the illegal immigration action on hold – as this issue is litigated. We’re confident that the courts will conclude that this action by President Obama represents Executive overreach that cannot be sustained.”
In the brief, the ACLJ argues that the federal appeals court should sustain the status quo preserved by the preliminary injunction until a final decision is reached on the merits of the case.
The brief contends that the Obama Administration has “failed to demonstrate a likelihood of success on the merits, utterly ignoring significant constitutional arguments raised below that preclude such success.” The brief concludes: “Our constitutional system enshrines the fundamental principles of separation of powers and checks and balances in order to preserve fairness and freedom for all Americans and all communities that make up the diverse fabric of our nation. To ensure these principles are preserved, this Court should deny Appellants’ Emergency Motion to Stay the Preliminary Injunction Pending Appeal.”
In addition to representing key members of Congress in this brief, the ACLJ also represents nearly 185,000 Americans who 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.