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Texas and Wisconsin May Lead Legal Fight against Obama's Immigration Order

The rapidly unfolding issue quickly overtook what was supposed to be a three-day victory lap here at a pink flamingo-colored resort where they have gathered for the annual meeting of the Republican Governors Association.

President Obama’s impending executive action on immigration is unleashing the fury of Republican governors who now control a clear majority of the nation’s statehouses — and not entirely for the reasons that partisans might expect.

The new legal protections that the president is poised to bestow on five million illegal immigrants Thursday will immediately thrust the issue back to the states, forcing dozens of governors who vigorously oppose the move to contemplate a raft of vexing new legal questions of their own, like whether to issue driver’s licenses or grant in-state college tuition to such people.

For Republican governors, the resentment is now as much operational as it is ideological.

The rapidly unfolding issue quickly overtook what was supposed to be a three-day victory lap here at a pink flamingo-colored resort where they have gathered for the annual meeting of the Republican Governors Association.

Instead of crowing about their electoral romp in the midterms, in which they captured 31 statehouses — the most since 1998 — the governors on Wednesday were bombarded by inquiries about how they would grapple with the practical and political repercussions of Mr. Obama’s action.

Many of them seethed visibly over the issue. Gov. Rick Perry of Texas accused the president of “sticking his finger into the eye of the American people” after an election that gave Republicans control over both houses of Congress.

Several governors threatened legal action to block the measure. “I would go to the courts,” said Gov. Scott Walker of Wisconsin. “This is illegal.”

Mr. Perry called a lawsuit against the Obama administration “a very real possibility.”

But amid the promises of retaliation and obstruction, many of the governors began to confront the sheer complexity of the new legal landscape for millions of their residents.

Gov. Sam Brownback of Kansas said that his Republican-controlled State Legislature would never stomach the concept of issuing driver’s licenses to illegal immigrants, even after Mr. Obama had given them worker permits and shielded them from deportation.

“That would be very difficult in our state,” he said.

Caroline Cournoyer is GOVERNING's senior web editor.
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