Robert Bentley
MONTGOMERY—Governor Robert Bentley on Monday announced he has signed an Amicus Curiae, or friend of the court brief, to the United States Supreme Court along with six other governors to support the Texas lawsuit against the President’s executive amnesty order.
“The President’s executive amnesty order severely impacts states, and governors are on the front lines in protecting states’ rights from federal encroachment,” Governor Robert Bentley said. “Immigration is an important issue that our country must address, and Congress is the proper place for the debate. The President’s executive amnesty order disregards the role Congress plays in policy decisions. I support Governor Abbott and the State of Texas in challenging the Obama Administration.”
States oppose the executive action on immigration on the basis that it is an overreach of the President’s authority under the Take Care Clause of the U.S. Constitution. The President cannot do by executive action what the Congress has not authorized by legislation. The 
amicus brief explores two important factors, including protecting the executive branch in states from irreparable injuries in implementing illegal processes and policies, and protects states from executive encroachments on state sovereignty when the President makes law unilaterally, without congressional action.
Under the President’s Deferred Action for Parents of Americans and Lawful Permanent Residents, some four million people who are unlawfully present in the United States under the statute have been allowed to remain in the country and obtain work permits and social welfare benefits. The President’s executive action is outside of his statutory and constitutional authority and, according to the brief is “making lawful what Congress has declared unlawful,” and therefore, the Obama Administration is in violation of the Take Care Clause of the U.S. Constitution.
The brief was filed Monday and a copy of it can be found here.
Media Release/Office of Alabama Governor Robert Bentley
