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South Florida Republicans break with GOP in deportation vote

@jamesmartinrose

Only five Republican lawmakers stood up to their party leader in voting against allowing House Speaker Paul Ryan to file an amicus brief opposing President Barack Obama's decision to withhold deportation for more than 5 million undocumented immigrants.

All three Cuban-American representatives from South Florida -- Reps. Ileana Ros-Lehtinen, Marco Diaz-Balart and Carlos Curbelo -- were among the five Republicans who voted against a resolution that the House passed Thursday almost entirely along party lines.

The Supreme Court next month will hear a case brought by Texas, joined by Florida and 24 other states, arguing that Obama's bid to shield about 5.2 million illegal aliens from deportation imposes unaffordable health-care, education, law-enforcement and other costs on them.

Ryan, the Wisconsin Republican who replaced Ohioan John Boehner as speaker in October, acknowledged that House intervention in a case before the U.S. Supreme Court was unprecedented, but he insisted it was necessary to prevent executive overreach by Obama.

With no Democrats voting for the bill, Ryan and other Republicans said Obama's executive orders dating to 2012 amount to the president legislating immigration reform without going through Congress.

"I recognize that this is a very extraordinary step," Ryan said on the House floor. "I feel it is very necessary, though. In fact, I believe this is vital."

In a joint statement Friday, Ros-Lehtinen and Diaz-Balart said that although individual members of Congress have the right to file briefs supporting court cases, the House as a whole should not do so.

"All amicus briefs should carry the same weight, and beginning this pattern may signal to the Supreme Court that Congress is prioritizing certain cases over others," the two Miami Republicans said.

Rep. Carlos Curbelo, a first-term Republican from Kendall, went further. He accused Republicans of playing politics with the important issue of immigration.

"For two long, both parties have preferred to score petty political points using the immigration issue rather than passing meaningful reform to secure the border, reform our visa system and find a fair solution for the undocumented," Curbelo said.

"The surest and most constitutionally solvent way to end the president's executive overreach is to pass meaningful immigration reform, not by employing empty tactics that ignore the root cause of the problem," he said.

The two other Republicans who voted against the House resolution were Reps. Richard Hanna of New York and Robert Dold of Illinois. Rep. Alex Mooney, a West Virginia Republican and one of five other Cuban-Americans in Congress, voted for the measure, which passed by a 234-186 margin.

Among Florida's 24 other U.S. House members, 22 voted along party lines, with Democratic Rep. Lois Frankel and Republican Rep. Vern Buchanan failing to vote.

Nine other Florida Democrats voted against the measure, among them Reps. Frederica Wilson of Miami Gardens and Debbie Wasserman Schultz of Weston, who is chairwoman of the Democratic National Committee.

Two lower courts have ruled in favor of the states, most recently the U.S. Fifth Circuit Court of Appeals based in New Orleans.

With only eight justices on the Supreme Court since Justice Antonin Scalia's death last month, a 4-4 decision after the scheduled April 18 arguments would uphold the lower courts' rulings and overturn Obama's executive orders protecting millions of undocumented parents and their children from deportation.

Obama on Wednesday chose Merrick Garland, a former federal prosecutor and current judge on the U.S. Court of Appeals for the District of Columbia, to replace Scalia on the high court, but Senate Republican leaders are refusing to take a vote or even hold hearings on the nomination, saying Obama has only 10 months left in office.

Immigration has become perhaps the most divisive issue in the presidential campaign, with Republican front-runner Donald Trump vowing to build a wall along the U.S.-Mexico border.

Rep. Luis Gutierrez, an Illinois Democrat of Puerto Rican descent, ridiculed Republican lawmakers, many of whom he said have disingenuously tried to distance themselves from Trump's hardline stance on immigration.

"They keep saying, 'Well, Trump doesn't represent us, he doesn't (represent) our views, he doesn't represent our values,' and now they want to know where Trump gets all of his anti-immigrant, xenophobic views from," Gutierrez told reporters. "Try the House of Republicans."

In a speech Friday on the House floor, Gutierrez accused his Republican colleagues of "stoking anti-immigrant fears and mass-deportation fantasies."

"The vote is a political stunt disguised as a legal brief because the Republican majority sees a crass political opportunity to stand with the anti-immigration wing of their party," he said.  

The United States Hispanic Chamber of Commerce and 60 individual business leaders, including Facebook CEO Mark Zuckerberg, filed an amicus brief supporting Obama last week.

Before the vote Thursday, Democratic Rep. Linda Sanchez, head of the Congressional Hispanic Caucus, said "the Latino community is being used for political purposes."

Sanchez added: "We are being demonized, we are being marginalized, and we see a frightening level of hateful rhetoric and vile hate speech aimed at our community, and nobody is standing up within the Republican Party to say that this is unacceptable."

America's Voice, a pro-immigration advocacy group, said the vote Thursday was the eighth "anti-immigration" vote taken by Republicans in the current session of Congress.

Senate Minority Leader Harry Reid, House Minority Leader Nancy Pelosi and 223 other Democrats filed an amicus brief backing Obama earlier this month, but there was no vote on the brief and it represents them as individuals.

In still another amicus brief, almost 120 cities and counties across the United States on March 8 expressed support for Obama, among them Pembroke Pines, Tampa and Sunrise.

 

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