RALEIGH – Governor Pat McCrory has joined the Texas Attorney General, now governor-elect, along with other governors and attorneys general in a lawsuit that challenges President Barack Obama’s expansion of presidential power by unilaterally changing immigration law through executive action. The action has drawn fire from Hispanic groups in the state.

In November, President Obama bypassed Congress and took steps to assist five million immigrants who entered the United States illegally. This is approximately 40 percent of the estimated undocumented immigrant population in the United States.

“The president has exceeded the balance of power provisions clearly laid out in the U.S. Constitution and his unilateral expansion of power must be challenged,” Governor McCrory said. “In North Carolina, the 10th most populous state, the president’s actions are likely to put even more financial strain on our state's government services.  It’s disappointing that the president has shown little regard for states which must shoulder the costs of his actions.”

The legal challenge asserts the president violated the Take Care Clause (Article II, Section 3, Clause 5) of the U.S. Constitution which states the president must take care that the laws passed by Congress are faithfully executed.  The lawsuit maintains President Obama rewrote immigration law under the guise of executive discretion. The lawsuit also notes that the Constitution (Article I, Section 8, Clause 4) gives Congress - not the President - the power to establish a uniform Rule of Naturalization.

The lawsuit also contends the Obama Administration violated the Administrative Procedure Act (“APA”) by issuing guidance to the Department of Homeland Security that is essentially a legislative rule because it creates new federal rights, duties and obligations and has the effect of law. The APA states that such rules must be publicly noticed, made available for public comment and be subject to judicial review.

“This lawsuit is about upholding the U.S. Constitution and the rule of law which is why North Carolina must join with its fellow states to stop this expansion of  presidential power," continued Governor  McCrory.

Hispanic groups were quick to criticize the governor’s action.

“Governor McCrory continues to send a clear message that immigrants are unwelcome in North Carolina,” said Angeline Echeverría, Executive Director of El Pueblo, Inc.  “His blatant disregard for the positive contributions of North Carolina’s immigrant community is short-sighted and fails to recognize that this executive action will benefit community members who are already contributing to North Carolina’s economy, cultural diversity, and civic life. We invite Governor McCrory and other public officials to support solutions that value the human rights and dignity of all North Carolina residents.”