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Attorney General Marty Jackley

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President's Immigration Executive Orders Remain Unenforceable Under US Supreme Court Decision


PIERRE, S.D.  – Attorney General Marty Jackley announced today that U.S. Supreme Court is leaving the Fifth Circuit ruling in place.

“Today’s decision affirms that even the President cannot unilaterally change the law,” said Jackley.  "This decision paves the way for a collaborative discussion on immigration policy that includes a voice from our States and Congress."

On November 20, 2014, the President of the United States announced that he would unilaterally suspend immigration laws as applied to 4 million of the 11 million undocumented immigrants in the United States. In addition, the Secretary for the Department of Homeland Security (DHS) issued a directive that legalizes the presence of approximately 40% of the known undocumented immigrant population, and afford them legal rights and benefits. The Federal Court has enjoined the President from “implementing any and all aspects or phases of the expansions.”


South Dakota joined 26 State Attorneys General and Governors in December 2014 in a lawsuit challenging the executive action set forth by President Obama, which exceeds his authority on immigration reform.