Authorizing the Speaker to Appear As Amicus Curiae on Behalf of the House

Floor Speech

Date: March 17, 2016
Location: Washington, DC

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Mr. HOYER. I thank my friend from Colorado.

Where we were was doing a lot of business unlike we are doing now.

Mr. Speaker, I rise in strong opposition to this resolution.

I say to my friends across the aisle, who are so passionate about Congress having a role in this case: where was that enthusiasm when Congress had ample opportunity to prevent this case by doing its job and enacting real, bipartisan comprehensive immigration reform?

The only reason this case exists is that Congress did not do its job, and then President Obama had no choice but to act in the limited capacity that he could under the law. He acted within his legal authority--something I am confident the Court will affirm. He acted because it would have been inhumane not to do anything while families were being torn apart by our broken immigration policies and this Congress' failure to act.

The Democratic-controlled Senate passed a comprehensive immigration reform bill in June of 2013, and House Republicans did nothing for more than 500 days before President Obama resorted to the power of his pen. Now to authorize the Speaker to file an amicus brief opposing the President's actions rather than acting through the office known as the Bipartisan Legal Advisory Group is a break from the usual procedure by which the House weighs in on a matter before the courts in which it may have an interest.

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Mr. HOYER. In other words, this is not regular order, as is so often the cry of my Republican colleagues. This is regular disorder. I am a member of the Bipartisan Legal Advisory Group. It was never brought to us. We never considered it.

Mr. Speaker, we ought to oppose this resolution.

Mr. Speaker, I rise in strong opposition to this resolution.

I say to my friends across the aisle, who are so passionate about Congress having a role in this case--where was that enthusiasm when Congress had ample opportunity to prevent this case by doing its job and enacting real, bipartisan, comprehensive immigration reform?

The only reason this case exists is Congress did not do its job.

And then President Obama had no choice but to act in the limited capacity that he could under the law.

He acted within his legal authority--something I am confident the court will affirm.

And he acted because it would have been inhumane not to do anything while families were being torn apart by our broken immigration policies and this congress failure to fix them.

The Democratic-controlled Senate passed a comprehensive immigration reform bill in June 2013, and House Republicans did nothing for more than 500 days before President Obama resorted to the Power of his pen.

Now, to authorize the Speaker to file an amicus brief opposing the President's actions, rather than acting through the office known as the ``Bipartisan Legal Advisory Group,'' is a break from the usual procedure by which the House weighs in on a matter before the courts in which it may have an interest.

This amicus brief, which no one has even yet seen, reflects this majority's policy of opposing the administration's legal, policy determinations to help immigrant families after having earlier abandoned its reponsibility to do so through statute.

I was proud to be one of 225 Democratic members of the House and Senate to sign our own amicus brief last week supporting the administration's position.

I'm also among the Democratic members of the House proud to cosponsor a reslution today in support of the President's executive actions and offering our amicus brief as an alternative to the one Republicans are putting forward to represent the views of the House.

And I will continue to work toward the goal of comprehensive immigration reform legislation that offers an earned pathway to citizenship, keeps families together, and makes it easier to recruit and retain talented innovators and entrepreneurs from abroad to contribute to our economy and create jobs here in America.

I urge my colleagues to defeat this resolution.

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