The Mourners' Bench

It has become quite obvious that our elected have no intention passing the laws necessary to address the enormous problem of the illegal invasion. It seems that the Republicans want the cheap labor, and the Democrats want the votes. I heard a term mentioned today that prompted me to do a little more research. The term is Mandamus Action.

From my understanding a Mandamus Action is a legal action used to force an officer of the United States to perform his duty. Therefore, such an action filed in Federal Court could force the President, and the Department of Homeland Security to enforce existing law and secure our borders.

During my web search, I found the following. Does anybody know a good attorney that would be willing to file a case on behalf of the American people?

Mandamus can be used to compel administrative agencies to act. The federal statute authorizing mandamus actions is 28 U.S.C. § 1361, sometimes known as “The Mandamus Act.” That statute says, in its entirety:

1361. Action to compel an officer of the United States to perform his duty.

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

JURISDICTION : This statute authorizes the court to order a remedy. It does not provide independent, substantive grounds for a suit. That is, the plaintiff still must allege a sufficient claim for relief and standing to bring the action. The Mandamus Act provides the remedy once the plaintiff has alleged the cause of action and established her or his standing to bring suit.

In the immigration context, jurisdiction for actions for mandamus relief usually should be alleged under both the Administrative Procedures Act (“APA”), 5 U.S.C. § 551 et seq. and the Mandamus Act. [Note 1]Both acts compel government officials to perform duties owed to the plaintiffs. The Mandamus Act encompasses constitutional obligations as well as statutory duties. Complexity and novelty of the issues on the merits do not affect the court's mandamus authority.

It is thus essential in a mandamus action to plead and prove that the defendant(s) owe a duty to the plaintiff or the class of people to which the plaintiff belongs. That is, the plaintiff needs to show that the interest he or she seeks to vindicate falls within the zone of interest of the underlying statute.