Smith: Ninth Circuit Uses Prosecutorial Discretion to Excuse Judicial Activism

Washington, D.C. – The Ninth U.S. Circuit Court of Appeals on Monday put five deportation cases on hold and asked the government how the illegal immigrants fit into the Obama administration’s immigration enforcement priorities. Last November, the Obama administration announced that it would review the cases of all illegal immigrants who have been ordered deported or are in deportation proceedings to determine whether or not they are a priority for removal. Instead of deciding these cases under the law of the land, the Ninth Circuit has asked the Obama administration if the five illegal immigrants are categorized as a priority for removal.

House Judiciary Committee Chairman Lamar Smith (R-Texas) issued the statement below criticizing the court’s overreach of authority.

Chairman Smith:  “The Ninth Circuit’s decision to put five deportation cases on hold is an overreach of judicial authority and shows the inherent danger in the Obama administration’s backdoor amnesty policies.
“The Ninth Circuit has a history of legislating from the bench and now they have turned the Obama administration’s prosecutorial discretion guidelines into an excuse for their judicial activism. The Executive Branch has the sole power to determine whether or not to prosecute a case and the Ninth Circuit has jumped into an area where they do not have constitutional authority.

“These court orders are just another example of how the Obama administration’s lack of immigration enforcement hurts Americans.  When illegal immigrants are granted backdoor amnesty, they are allowed to remain in the U.S. and apply for a work permit.  This means that unemployed American workers may find it harder to get jobs.

“The Ninth Circuit should decide cases under our nation’s laws, not under the Obama administration’s policies that ignore the law and intent of Congress.”

Background:  In November, the Obama administration issued new deportation guidance instructing U.S. Immigration and Customs Enforcement (ICE) attorneys to review all incoming and most pending cases before an immigration court.  These changes could potentially allow millions of illegal immigrants to remain in the U.S. without a vote of Congress.

In reviewing the cases, the Obama administration has made clear that many illegal immigrants are not considered “priorities” for removal, including potential DREAM Act beneficiaries, an illegal immigrant who has had a long-term presence in the U.S., has an immediate family member who is a U.S. citizen, and/or has compelling ties to the U.S. 


House Judiciary Committee