South Dakota's top law man joins other states in challenging President Obama's immigration executive orders.  

Attorney General Marty Jackley has joined 17 State Attorneys General and Governors in a lawsuit challenging the executive action set forth by President Obama, which exceeds his authority and Constitutional power on immigration reform.

In a press release Jackley comments, “This challenge is about the rule of law, Presidential power, and enforcement of the U.S. Constitution. The President's unilateral action will force the States to expend substantial resources on law enforcement, healthcare, and education."

On November 20, 2014, the President of the United States announced that he would unilaterally suspend immigration laws as applied to 4 million of the 11 million undocumented immigrants in the United States. In addition, the Secretary for the Department of Homeland Security (DHS) issued a directive that legalizes the presence of approximately 40% of the known undocumented immigrant population, and afford them legal rights and benefits.

The States believe the President is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite laws, which he has no authority to do – something the President himself has previously admitted. This executive action conflicts with the President’s constitutional duty to “take care that the laws be faithfully executed.”  There will be no cost to South Dakota in joining the State challenge being led by Texas Attorney General and Governor-elect Greg Abbott

 

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