Fifth Circuit Ruling on Immigration Executive Actions Wrong on the Law and Wrong for our Country

Washington, D.C. – U.S. Representatives John Conyers, Jr.(D-Mich.), Ranking Member on the House Judiciary Committee, and Zoe Lofgren (D-Calif.), Ranking Member on the Immigration and Border Security Subcommittee, delivered the following statement today after the Fifth Circuit issued an opinion.  Monday evening upholding a Texas district court ruling against Department of Homeland Security immigration directives issued in November 2014:

Dean of the U.S. House
of Representatives
John Conyers, Jr.

“We are disappointed – though not surprised – that the Fifth Circuit has sided against the President’s executive immigration action and the millions of immigrants it would have helped.  The opinion predictably parrots the dubious legal and procedural arguments embraced by the lower court.  

“While this decision is unfortunate and comes after months of delay, we are pleased the case can now move forward.  We laud the fast response by the Department of Justice to petition for Supreme Court review.  We respectfully request that the Supreme Court expeditiously grant certiorari and hear this case this term.  For the millions of families who live under the threat of deportation, time is of the essence.  

“We are confident that once the case has been heard, the Supreme Court will rule in favor of the President’s constitutional authority to humanely enforce our immigration laws – the same authority that was relied upon and exercised by Presidents Ronald Reagan, George H.W. Bush, and George W. Bush, among others.  

“These are immigrant families with U.S. citizen children who in many cases have been in our country for 10 years or longer.  DAPA would merely provide them temporary immigration relief and employment authorization, acknowledging that the vast majority of these parents are already working in the United States.

“Of course, an even better option would be for Republicans in Congress to stop catering to anti-immigration extremists and work in a bipartisan fashion to fix our broken immigration system by passing comprehensive immigration reform.”

Background:

The Fifth Circuit decision prevents implementation of the Deferred Action for Parental Accountability (DAPA) program, which provides temporary deportation relief for certain parents of U.S. citizens and lawful permanent residents, and expansion of the Deferred Action for Childhood Arrivals (DACA) program, which provides similar relief for DREAMers.  Of the 10 immigration executive actions announced in November 2014, the other 8 have already been or are in the process of being implemented.

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