Boehner Weighs Expanding Suit over Obama Executive Powers to Cover Immigration

House Speaker John A. Boehner (R-Ohio) is considering expanding a proposed federal lawsuit over President Obama’s executive orders to include action on immigration. Filing a separate lawsuit over the president’s authority to protect millions of undocumented immigrants from deportation is another option that gained traction Thursday during talks among party leaders.

The idea to use the courts as an initial means of dissent, should the president move forward in the coming weeks to protect millions from deportation, moved to the front of the House GOP’s playbook after the leadership reviewed it. Boehner reportedly wants to respond forcefully and quickly should the president act and believes a lawsuit would do that, as well as signal to conservatives in his conference that he shares their frustrations about the president’s use of executive power.

Several Republicans who spoke on the condition of anonymity to be candid confirmed Boehner’s outlook and the thrust of the leadership’s discussions. {snip}

Boehner first announced plans to initiate a federal suit against Obama in late June, when he called the president’s executive orders an unconstitutional power grab by one branch of government.

But the suit has wallowed ever since as GOP lawmakers have struggled to find a D.C. area law firm willing to take up their legal fight. In recent weeks, many observers have speculated privately that Boehner was purposely stalling his legal fight to include whatever actions Obama opts to take to overhaul the nation’s immigration laws.

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In a concession to the business community that Republicans would be hard-pressed to oppose, Obama is likely to expand visa programs for immigrants working for high-tech firms. Doing so would fulfill the wishes of Silicon Valley executives, the U.S. Chamber of Commerce and many GOP lawmakers who have advocated making it easier for high-tech firms to recruit skilled workers from overseas.