Smith says immigration reform via executive order would result in lawsuit

Rep. Lamar Smith (R-Texas) said on Monday that President Obama will “undoubtedly” face a legal challenge if he pursues immigration reform through executive order.

The president said on Monday he would try to fix as much of the immigration system on his own as possible in the face of congressional inaction and a surge of undocumented children crossing the border, CNN reports.

Smith said thousands of illegal minors were arriving at the border because of Obama’s promise of legalization and amnesty.

“(House Republicans are) the ones who have been calling for border security rather than amnesty,” Smith said. “The president insists that the Senate amnesty bill will improve our immigration system. But amnesty is not the answer.”

Smith said amnesty will encourage more illegal immigration.

“We saw it after the ’86 amnesty,” Smith said. “Congress legalized three million illegal immigrants. And what happened? More illegal immigrants came to the U.S. There are now 11 million illegal immigrants in the U.S., and an estimated seven million working here illegally.”

Smith said the U.S. Constitution affords Congress – not the president – the ability to enact immigration laws.

“If the president insists on enacting amnesty by executive order, he will undoubtedly face a lawsuit and will find himself, once again, on the wrong side of the Constitution and the law,” Smith said.