Senate

Senate GOP wades into Obama immigration battle

by Jordain Carney - 04/04/16 8:34 PM ET

Senate Republicans are weighing in on a looming immigration battle, arguing President Obama’s executive actions should be declared unconstitutional.

Forty-three GOP senators filed an amicus brief Monday saying Obama’s actions are “in stark contravention to federal law” and undermine separation of powers by letting the White House write the law.

{mosads}“There is little doubt that the Executive adopted the Deferred Action for Parents of Americans and Lawful Permanent Residents (‘DAPA’) program as part of an explicit effort to circumvent the legislative process,” they add in the brief.

Texas and dozens of other states are challenging the executive actions, which a federal judge put on hold last year.

The brief comes as the Senate is locked in a larger fight over the Supreme Court and when to fill the seat of Justice Antonin Scalia, who died earlier this year.

With oral arguments over Obama’s controversial 2014 executive actions scheduled for April 18, the case will be heard by a Supreme Court with only eight justices.

The move by Senate Republicans comes as the House filed a separate brief on the case Monday. The maneuver formally inserts Congress into one of the most high-profile Supreme Court cases this year.

Eleven Senate Republicans did not sign the brief.

Of those who didn’t sign, Sens. Kelly Ayotte (N.H.), Mark Kirk (Ill.), Rob Portman (Ohio) and Pat Toomey (Pa.) are each facing especially tough reelection bids in November. Sens. Richard Burr (N.C.) and Lisa Murkowski (Alaska) are also up for reelection and didn’t sign the brief.

Republican Sens. Susan Collins (Maine), Joni Ernst (Iowa), Jeff Flake (Ariz.), Cory Gardner (Colo.) and Dean Heller (Nev.) also didn’t sign.

House and Senate Democrats also filed a brief earlier this year supporting the 2014 actions that shield up to 5 million illegal immigrations from deportation.