Court Ruling that Obama Exceeded Authority Provides Clarity for Congress to Act Now, Says FAIR

IRLI In The News

May 26, 2015

WASHINGTON, May 26, 2015 The following statement was issued by Dan Stein, president of the Federation for American Immigration Reform (FAIR) in response to the Fifth Circuit Court of Appeal’s denial of the Obama administration’s request to lift the injunction preventing implementation of the president’s unlawful amnesty programs:

“FAIR applauds the Fifth Circuit of Appeals decision maintaining the injunction on President Obama’s executive amnesty programs. FAIR, along with our legal affiliate the Immigration Reform Law Institute (IRLI), is among many organizations and elected officials that filed amicus briefs in support of the 26 states suing to prevent the president’s expanded Deferred Action for Childhood Arrivals (DACA) and the Deferred Action for Parents of American (DAPA) programs from imposing new burdens and costs on their states.

“The majority ruling affirms FAIR’s long-held contention that the Obama administration’s actions represent an abdication of the federal government’s responsibility to faithfully carry out our nation’s immigration laws and that those policies directly harm state and local governments. The Fifth Circuit agreed with the lower court that implementing the administration’s amnesty programs “would constitute a cognizable injury” to the states.“The Fifth Circuit decision must also compel Congress to compel the robust enforcement of immigration laws by the executive branch. Among the broad range of legislative remedies, Congress can bar funding for amnesty programs not expressly authorized by Congress, bar the issuance of work authorization to any illegal alien, and require Homeland Security issue detainer requests be issued in all cases in which deportable aliens are arrested and charged with other offenses.

“The Fifth Circuit further reinforces the lower court’s opinion that the president does not have the constitutional authority to grant broad amnesty to illegal aliens. Now it is time for Congress to exercise its own constitutional responsibilities to ensure that the laws it has enacted are faithfully carried out by this and future administrations.”


Founded in 1979, FAIR is the country’s largest immigration reform group. With over 250,000 members nationwide, FAIR fights for immigration policies that serve national interests, not special interests. FAIR believes that immigration reform must enhance national security, improve the economy, protect jobs, preserve our environment, and establish a rule of law that is recognized and enforced.

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