Republicans threaten legal fight over president's executive order


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SALT LAKE CITY — Republicans are threatening a legal fight over the president's executive order, and Utah's congressional delegation is no exception.

If Republicans challenge President Obama’s executive order in court, it will become an expensive legal fight. In fact, the cost is so tremendous it’s still unclear how much support the idea truly has.

Although the legal cost has dissuaded some, Republicans are still furious regarding Obama’s recent actions.

Republicans are not only upset because of what the executive order entails, but also about how the executive order was used.

On Friday, Utah's delegation issued statements concerning the matter.

"This sends the wrong message to those who are going through the legal immigration process — in other words, rewarding illegal behavior,” Rep. Rob Bishop said.

Rep. Jason Chaffetz issued a similar statement.

“All-inclusive bills are not the answer. We need to stop ignoring simple fixes and work together to find a long-term solution to this broken system,” Chaffetz stated.


This sends the wrong message to those who are going through the legal immigration process — in other words, rewarding illegal behavior.

–Rep. Rob Bishop


Some congressional Republicans are even calling the order itself illegal.

"The actions I’m taking are not only lawful, they're the kinds of actions taken by every single Republican president and every single Democratic president for the past half century,” Obama said in response.

In fact, the order flexes the president's executive enforcement authority. For example, the order changes the deportation criteria, pursuing only "top priorities" like criminals.

Former U.S. Attorney Brett Tolman said there is a difference between what Obama did and granting amnesty as President Reagan did in the 1980s.

“He [Obama] has the ability to exercise authority over enforcement policies, the use of budget. And I think that's the avenue, probably, the president and his team are taking,” Tolman said.

If a legal fight does ensue, the issue will likely go straight to the Supreme Court. Until then, unless Congress acts, the executive branch will control most of the elements of the executive order.

Tolman said individuals do have a legitimate concern about Obama’s order circumventing congressional authority. However, Congress also pushed the envelope itself by not acting.

Contributing: Sara Jarman

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