WASHINGTON — A lawsuit against the president over his immigration actions has caused awkwardness in some states, where governors and attorneys general are divided on whether they should sue President Barack Obama or defend him.
The lawsuit, signed by 26 states and filed last December in Texas, asserts that the Obama administration overstepped its constitutional authority by creating a program to give work authorization to some undocumented parents of citizens and legal residents, along with those who came to the U.S. as children.
Twelve states and the mayors of more than 30 cities signed on to amicus briefs in January supporting the the executive branch’s right to exercise prosecutorial discretion and focus on deporting some undocumented immigrants over others. A U.S. district court judge is expected to issue a ruling on the state’s request for an injunction soon, potentially before Feb. 18, when the first of the president’s immigration executive actions take effect.
The lawsuit and the states’ amicus brief caused a split between some attorneys general and governors. Because attorneys general retain the right to legally represent states, some Republican governors publicly opposed to Obama’s actions have unwillingly found their state’s name on the amicus brief. And some states with attorneys general who support immigration reform are part of a lawsuit against the actions.
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States that signed an amicus brief in support of Obama’s actions: California, Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, New Mexico, New York, Oregon, Vermont and Washington state, along with the District of Columbia.
States that have stayed out of the matter: Alaska, Colorado, Delaware, Kentucky, Minnesota, Missouri, New Hampshire, New Jersey, Pennsylvania, Rhode Island, Virginia and Wyoming.
Elise Foley and Jesse Rifkin contributed reporting.
