Raleigh, N.C. - Governor Pat McCrory has joined the Texas Attorney General, now governor-elect, along with other governors and attorneys general in a lawsuit that challenges President Barack Obama’s expansion of presidential power by unilaterally changing immigration law through executive action.
In November, President Obama bypassed Congress and legalized the presence of approximately five million immigrants who entered the United States illegally. This is approximately 40 percent of the estimated undocumented immigrant population in the United States.
“The president has exceeded the balance of power provisions clearly laid out in the U.S. Constitution and his unilateral expansion of power must be challenged,” Governor McCrory said. “In North Carolina, the 10th most populous state, the president’s actions are likely to put even more financial strain on our state's government services. It’s disappointing that the president has shown little regard for states which must shoulder the costs of his actions.”
The legal challenge asserts the president violated the Take Care Clause (Article II, Section 3, Clause 5) of the U.S. Constitution which states the president must take care that the laws passed by Congress are faithfully executed. The lawsuit maintains President Obama rewrote immigration law under the guise of executive discretion. The lawsuit also notes that the Constitution (Article I, Section 8, Clause 4) gives Congress - not the President - the power to establish a uniform Rule of Naturalization.
The lawsuit also contends the Obama Administration violated the Administrative Procedure Act (“APA”) by issuing guidance from the Department of Homeland Security that is essentially a legislative rule because it creates new federal rights, duties and obligations and has the effect of law. The APA states that such rules must be publicly noticed, made available for public comment and be subject to judicial review.
“This lawsuit is about upholding the U.S. Constitution and the rule of law which is why North Carolina must join with its fellow states to stop this expansion of presidential power," continued Governor McCrory.