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house Bill H. Res. 639

Does the House Need to File a Legal Brief Opposing the President’s Executive Orders on Immigration?

Argument in favor

The President’s executive orders on immigration violated both his authority under the Constitution and requirements for implementing regulations. The House of Representatives need to take a stand against executive overreach, and allowing Speaker Ryan to file an amicus brief on its behalf in U.S. v. Texas is a good start.

DonaldTrump's Opinion
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04/01/2016
"The Obama Administration has released 76,000 aliens from its custody with criminal convictions since 2013 alone. All criminal aliens must be returned to their home countries, a process which can be aided by canceling any visas to foreign countries which will not accept their own criminals, and making it a separate and additional crime to commit an offense while here illegally." [donaldjtrump.com]
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Gopin2020's Opinion
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03/16/2016
Subversion of the constitution because you disagree with congress is not only Illegal but Un-American
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Bob's Opinion
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03/17/2016
Whatever it takes to stop our Dictator in Chief is what needs to be done !
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Argument opposed

The Supreme Court will make its own decision whether or not the House of Representatives and Speaker Ryan file an amicus brief in the case U.S. v. Texas. President Obama didn’t overstep his authority by issuing an executive order implementing DAPA, and this is simply another partisan attempt to undermine the President’s agenda.

BernieSanders's Opinion
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03/22/2016
"Beginning in the first 100 days of my administration, I will work to take extensive executive action to accomplish what Congress has failed to do and to build upon President Obama’s executive orders.” [politico.com]
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Delaney's Opinion
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03/17/2016
Obama's executive actions on immigration were not unconstitutional and it is not up to the House to decide the outcome, it is up to the Supreme Court.
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chrisagiddings's Opinion
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03/17/2016
Executive orders are the only way governance has been managed the past six years under obstinate and obstructive Republican rule in the legislature. The Supreme Court will determine constitutionality.
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What is House Bill H. Res. 639?

This resolution would authorize the Speaker of the House Paul Ryan (R-WI) to file an amicus curiae brief with the Supreme Court on behalf of the House of Representatives related to the case United States v. Texas. That case deals with the constitutionality of the Deferred Action for Parents of Americans (DAPA) program, which provides a renewable work permit and exemption from deportation to parents whose children are U.S. citizens or legal residents, but the parents aren’t legal residents. The Court will hear oral arguments in the case in April 2016 with a final ruling expected to be issued by the end of June 2016.

An amicus curiae — literally “friend of the court” in Latin — brief can be filed by any person who is not a party to a legal case that wishes to offer information relevant to the case or express concerns about the effects of a possible decision. It is not unusual for members of Congress to file such a brief, but it is usually done individually rather than as a legislative body (though nothing would prevent lawmakers from submitting individual briefs).

Speaker Ryan’s amicus brief on behalf of the House would be in support of Texas and the 25 other states that sued the Obama administration’s over its executive orders on DAPA, on the grounds that the President exceeded his constitutional authority. The legal case against DAPA revolves around four primary contentions:

Impact

The House of Representatives; Speaker of the House Paul Ryan; and the Supreme Court of the United States.

Cost of House Bill H. Res. 639

A CBO cost estimate is unavailable.

More Information

In-Depth: Sponsoring Rep. Paul Ryan (R-WI) introduced this resolution to allow the House of Representatives to express its opposition to the President’s executive order on DAPA through an amicus brief in advance of Supreme Court hearings in U.S. v. Texas.

“This is a very extraordinary step. In fact it’s never been done before but this executive amnesty is a direct attack on the Congress’ Article 1 powers under our Constitution. This is a question between Article I and Article II — the President is not permitted to write law. Only Congress is. The House will make that very, very clear and we will do so as an institution on behalf of the American people, on behalf of representative self-government.”

Following the decision of a U.S. District Court to issue an injunction blocking DAPA’s implementation, and the Obama administration unsuccessfully appealed to lift the injunction through the Fifth Circuit Court of Appeals. The White House believes that it has the prosecutorial discretion to stop deportations and offer legal resident status to unauthorized immigrants.


Of Note: The Migration Policy Institute estimates that as many as 5.2 million unauthorized immigrants may be eligible for either DAPA or DACA, which is a similar program focused on unauthorized immigrants who were brought to the U.S. as children.


Media:

Summary by Eric Revell
(Photo Credit: Flickr user tobyotter)

Official Title

Authorizing the Speaker to appear as amicus curiae on behalf of the House of Representatives in the matter of United States, et al. v. Texas, et al., No. 15-674.

simple resolution Progress


  • The house Passed March 17th, 2016
    Roll Call Vote 234 Yea / 186 Nay
      house Committees
      Committee on Rules
    IntroducedMarch 14th, 2016

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    "The Obama Administration has released 76,000 aliens from its custody with criminal convictions since 2013 alone. All criminal aliens must be returned to their home countries, a process which can be aided by canceling any visas to foreign countries which will not accept their own criminals, and making it a separate and additional crime to commit an offense while here illegally." [donaldjtrump.com]
    Like (67)
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    "Beginning in the first 100 days of my administration, I will work to take extensive executive action to accomplish what Congress has failed to do and to build upon President Obama’s executive orders.” [politico.com]
    Like (103)
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    Obama's executive actions on immigration were not unconstitutional and it is not up to the House to decide the outcome, it is up to the Supreme Court.
    Like (33)
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    Subversion of the constitution because you disagree with congress is not only Illegal but Un-American
    Like (23)
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    Executive orders are the only way governance has been managed the past six years under obstinate and obstructive Republican rule in the legislature. The Supreme Court will determine constitutionality.
    Like (20)
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    The house needs to do something other then oppose the President at every turn. How about that??
    Like (13)
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    Whatever it takes to stop our Dictator in Chief is what needs to be done !
    Like (11)
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    Send the president a valid immigration bill rather than waste America's time with this nonsense. #DoYourJob.
    Like (8)
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    POTUS is acting within his legal authority.....as did other Republican POTUS'...get over it and do your work in behalf of your constituents--besides your benefactors/contributors!
    Like (7)
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    Condemn every last unconstitutional executive order Obama is using to bully the states.
    Like (7)
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    Absolutely, the House should file a brief listing every single illegal Executive Order he has signed subverting the Constitution.
    Like (6)
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    If congress would work in concert with the president executive orders wouldn't be necessary.
    Like (6)
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    The president should never and DOES NOT have the power to undermine the constitution.
    Like (5)
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    Any attempt to undermine the presidents executive order does nothing but empower the belief that our government & our country is so intolerant & hateful of immigrants that we don't care if we rip apart families. I though Republicans believed in family values.
    Like (5)
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    Obama overstepped his limited powers layer out in the constitution therefore, this specific executive order is unconstitutional!
    Like (4)
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    Yes, congress! Please express your opinion about the president's outrageous executive orders. Our government has purpose behind its structure and the president should not write law in this way. The United States ceases to exist as we know it when the president oversteps his boundaries and becomes a monarch.
    Like (4)
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    Every president signs executive orders. This president has more reason than most, as congress and senate has blocked every single thing he tries to accomplish, even if it's centrist and logical. Like allowing parents to remain with their children! Before this bill could possibly be enacted, every single house rep would have to approve it as it is stating in fact that the entire body supports it, which I highly doubt is the case, which would make this resolution a lie.
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    Obama has overstepped his position as well as crapped all over the Constitution time and time again. It needs to be stopped. #Cruz2016 #Trutho'clock
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    How about instead of voting on worthless crap done because they can't act like civilized adults, the House try acting like civilized adult and do their jobs? I think appointing a new Supreme Court judge would be a far better use of their time. And so would a slew of other things Republicans are avoiding because they're still pitching tantrums over the last two elections.
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    Because the president oversteps too frequently
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