Mar 21, 2014 - NATIONAL HISPANIC LEADERS URGE “NO” VOTES ON HOUSE BILLS THAT COULD HINDER DISCRETIONARY IMMIGRATION ENFORCEMENT

PRESS RELEASE
March 12, 2014

NATIONAL HISPANIC LEADERS URGE “NO” VOTES ON HOUSE BILLS THAT COULD HINDER DISCRETIONARY IMMIGRATION ENFORCEMENT
Representatives’ votes on the bills will be scored

WASHINGTON, DC – In a letter sent to Members of the U.S. House of Representatives, the National Hispanic Leadership Agenda, a coalition of 37 preeminent national Latino organizations, urged Members to vote against the Faithful Execution of the Law Act of 2014 (H.R. 3973) and the Executive Needs to Faithfully Observe and Respect Congressional Enactments of (ENFORCE) the Law Act of 2014 (H.R. 4138). Both bills would hinder the ability of the Executive Branch to prioritize and use discretion in carrying out federal enforcement across multiple areas of law, including immigration enforcement. The bills appeared to seek to hinder prosecutorial discretion at the Department of Homeland Security, an option that allows DHS to focus limited resources on pursuing and removing those with criminal records rather than separating law-abiding immigrant parents from children.

Full text of the letter follows.

Dear Representative:

We write on behalf of the National Hispanic Leadership Agenda (NHLA), a coalition of 37 leading Latino nonpartisan civil rights and advocacy organizations in the country, to urge you to vote against (1) H.R. 3973, the Faithful Execution of the Law Act of 2014; and (2) H.R. 4138, the Executive Needs to Faithfully Observe and Respect Congressional Enactments of (ENFORCE) the Law Act of 2014.

NHLA’s mission calls for unity among Hispanics nationwide to provide the Latino community with greater visibility and a stronger voice in our nation’s affairs, including the pressing need to overhaul our broken immigration system. NHLA will issue a scorecard assigning members a letter grade on their immigration record to give Hispanic voters and other interested voters a clear picture of their elected officials’ positions on immigration reform. Our forthcoming scorecard will place significant weight on the votes associated with these two bills.

Our nation has a long history of having a strict dividing line between the three branches of the federal government to ensure comity and safeguard our democracy. The separation of powers doctrine is a founding principle of our nation, and key to maintaining the careful balance that the Framers envisioned for our system of government. H.R. 3973 and H.R. 4138, however, would irreparably damage the separation of powers and hamper the ability of the Executive Branch to implement federal law.

I. Vote No on H.R. 3973, the Faithful Execution of the Law Act of 2014. H.R. 3973 would amend 28 U.S.C. § 530D, to require the Attorney General to report to Congress every time “any Federal officer” in any agency “establishes . . . an informal policy to refrain . . . [from applying] any statute, rule, regulation, program, policy, or other law whose enforcement, application, or administration.” This proposed expanded reporting mandate is not only infeasible, but places an excessive burden on both Congress and the Attorney General and undercuts prosecutorial discretion as it applies to Executive Branch official enforcement of federal criminal, civil, civil rights, and immigration law. NHLA believes that Congress should instead focus on bringing pragmatic bipartisan legislation to the floor, such as comprehensive immigration reform, instead of enacting laws designed to fuel excessive and aimless hearings.

II. Vote No on H.R. 4138, the ENFORCE the Law Act of 2014. H.R. 4138 attempts to tear down an important facet of the separation of powers doctrine by giving one House of Congress the ability to overturn the interpretation and implementation of a federal statute by the President by allowing either House of Congress to file suit in federal court. The approach of H.R. 4138 is clearly unconstitutional. The Supreme Court, in INS v. Chadha, 462 U.S. 919 (1983), struck down federal law authorizing one House of Congress, by resolution, to invalidate a decision of the Executive Branch, much like H.R. 4138 attempts to do. The Chadha Court reasoned the unilateral action by one House is essentially legislative and thereby subject to the constitutional requirements of passage by the majority of both Houses under the bicameralism requirements of Article I, Sections 1 and 7, and presentation to the President under the Presentments Clause.

Moreover, H.R. 4138 would mark a radical departure from the foundational interpretation of standing, which requires parties that bring suit to be personally injured and actually aggrieved. Legislation, like H.R. 4138, that attempts to grant standing to members of Congress based on political grievances have long been disfavored. Courts have observed that members of Congress receive “no special consideration in the standing inquiry,” Reuss v. Balles, 584 F.2d 461, 466 (D.C. Cir.), cert. den., 439 U.S. 997 (1978), and prudential considerations often lead courts to deny relief in cases in which members of Congress have standing but in which issues of separation of powers, political questions, and other justiciability considerations counsel restraint. * * * In light of the above grounds, the NHLA strongly urges you to vote No on H.R. 3973 and H.R. 4138. If you have questions, please contact NHLA through James A. Ferg-Cadima of MALDEF, at This email address is being protected from spambots. You need JavaScript enabled to view it. or 202-293-2828 ext. 11, or Bertha Guerrero of Hispanic Federation, at This email address is being protected from spambots. You need JavaScript enabled to view it. or 202-641-7186. Thank you for your time and consideration. Sincerely,

Thomas A. Saenz
MALDEF, President and General Counsel
NHLA Immigration Committee Co-Chair

Jose Calderón
Hispanic Federation, President
NHLA Immigration Committee Co-Chair

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Established in 1991, the National Hispanic Leadership Agenda (NHLA) brings together Hispanic leaders to establish policy priorities that address, and raise public awareness of, the major issues affecting the Latino community and the nation as a whole. In 2013, NHLA launched the Latinos United for Immigration Reform campaign. For more information, please visit www.nationalhispanicleadership.org and LatinosUnited.org and follow @NHLAgenda.

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