Executive Order Spurs Immigration Lawsuits

Several Republican state governors and attorneys general are considering immigration lawsuits to challenge President Obama’s executive order. The executive order would allow immigrants who have been in the country illegally for more than five years and have children who are citizens or legal residents to apply for work permits. The executive order would protect as many as 5 million undocumented immigrants from deportation proceedings. The immigration lawsuits allege that the President has overstepped his authority and that the executive order is unconstitutional.

Abbott Among First to Mention Immigration Lawsuit

Texas Governor-Elect Greg Abbott was among the first Republican state leaders to bring up the possibility of an immigration lawsuit to fight the President’s executive order. Governor Abbott told local reporters that he would contact other state governors and their attorneys general in the coming weeks regarding their positions on immigration lawsuits. In his previous position as Texas’s Attorney General, Mr. Abbott filed 30 lawsuits against the Obama Administration. If the executive order is upheld, the ruling would affect more than 530,000 undocumented immigrants in Texas.

Other States Consider Immigration Lawsuits

Leaders of other states have voiced their dissatisfaction with President Obama’s decision and have informed media outlets that they would consider filing immigration lawsuits to block the executive order. Oklahoma Attorney General Scott Pruitt told CNN that he would follow Governor Abbott’s lead and file an immigration lawsuit. Indiana Governor Mike Pence told reporters that his office would take “any available legal actions necessary.” Governors Bobby Jindal of Louisiana, Pat McCrory of North Carolina and Scott Walker of Wisconsin also said they’d consider immigration lawsuits.

Immigration Lawsuit: Constitutional Test or Political Battle?

While many Republican leaders are backing the idea of immigration lawsuits, some conservatives are erring on the side of caution. Virginia Attorney General Ken Cuccinelli, who was the first state attorney general to challenge the Affordable Care Act, stated that Republican governors are in a “powerful position to make the legal assault.” However, he warned his fellow conservatives that the pursuit of immigration lawsuits should focus on the Constitutional issues and should not be “a political undertaking.”

Immigration Lawsuits Pose Political Risks

Regardless of the outcomes of the Republican governors’ immigration lawsuits, the act of filing the suits could pose political risks for those governors. Republicans attempting to appeal to their conservative base will garner support for their efforts, but these attempts will also harm their efforts to win over Hispanic voters. With a wide-open race for the White House in 2016, the immigration lawsuits may cost Republican contenders for the Presidential nomination in both the primaries and the general election in two years.

Sources: CNN, Texas Tribune

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