Tags: Steve Malzberg Show | Mo Brooks | illegals | executive amnesty

Rep. Mo Brooks: Lawsuits Key to Fighting Obama's Amnesty

By    |   Monday, 02 February 2015 04:22 PM

Rep. Mo Brooks says the Republican-led Congress must get tougher to stop President Barack Obama's liberal immigration policies — and lawsuits may be the way forward.

"To date, the House and Senate Republican leadership has not shown that they're willing to do what it takes to secure America's borders. They have talked the talk but not walked the walk," Brooks, an Alabama Republican, said Monday on "The Steve Malzberg Show" on Newsmax TV.

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"I'm cautiously optimistic that they will also walk the walk and we'll find out in the ensuing days, weeks, or months whether their avowed strategy that they enunciated back in November, December will work.

"I'm one of those that does not believe that the holding of funding for Department of Homeland Security is going to force the president to obey established immigration law."

The best strategy, for now, may be lawsuits, according to Brooks, a member of the House Armed Services and Foreign Affairs Committees.
"To me, the best option is one that does not rely on Barack Obama's consent to have a successful result and that's to litigate. That's what courts are for. Federal courts repeatedly have resolved disputes between the Congress and the executive branch," he said.

"In this instance, we need a declaration from a federal court as to whether the president's executive amnesty complies with a law or violates the law.

"And if it violates the law, we need a federal court order mandating that the president obey the law."

If that fails to curb the president's agenda, Congress should consider pushing for a contempt citation, Brooks believes.

"By way of history, not even Richard Nixon was willing to take on the federal courts when they issued their orders," he said.

"He was not willing to incur the wrath that comes with a contempt citation with potential fines and jail time and, ultimately, that's the kind of power a federal court has to force the president … to obey our immigration laws."

Brooks said that Congress is "slowly" beginning to embrace the lawsuit strategy.

"It may take time, but bear in mind, we're going to have a president after this president and we need to establish very quickly whether Congress has the kind of standing necessary to litigate these contests between the executive branch and Congress and a court of law," he said.

"Then, for all future endeavors, whether it be a Democrat Congress and a Republican president or a Republican Congress and a Democrat president, that law will be established and hopefully it will be established with respect to separation of powers.

"[It will enable] the Congress to force presidents who are lawless to obey the law. So this thing is not just a battle between Republican Congress today and Barack Obama today. If we're successful, this ruling would shake the balance of power for decades or centuries to come."

The Obama administration is now allocating millions of dollars of funds for legal services for illegal minors. Republicans want to prevent the government funding for attorneys for illegal children and have repeatedly blocked attempts by the government to increase funding.

And last week, The Wall Street Journal reported that Obama administration is notifying thousands of immigrants awaiting court hearings that their cases have been pushed back nearly five years.

That's the result of a fast-tracking of higher-priority cases related to the surge of tens of thousands of unaccompanied minors who came across the Southern border last year.

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Rep. Mo Brooks says the Republican-led Congress must get tougher to stop President Barack Obama's liberal immigration policies — and lawsuits may be the way forward.
Mo Brooks, illegals, executive amnesty
Monday, 02 February 2015 04:22 PM
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