Fed Judge Rules Executive Amnesty Unconstitutional

Credit - AP

Credit – AP

By Caroline May

A federal district court judge in Pennsylvania ruled Tuesday that portions of President Obama’s executive amnesty are unconstitutional, according to the Washington Post.

Western Pennsylvania District Judge Arthur Schwab concluded in his opinion that Obama’s executive actions go “beyond prosecutorial discretion” and into the realm of legislating.

“President Obama’s unilateral legislative action violates the separation of powers provided for int he United States Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” Schwab wrote in his opinion.

Schwab’s ruling, the Washington Post notes, is the first judicial opinion rendered about President Obama’s executive amnesty.

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Federal Judge: Obama Immigration Actions Unconstitutional

By Josh Siegel

A federal judge today ruled that President Obama’s executive actions on immigration are unconstitutional—the first time a court has weighed in since the president’s Nov. 20 announcement.

“President Obama’s unilateral legislative action violates the separation of powers provided for in the Constitution as well as the Take Care Clause, and therefore, is unconstitutional,” wrote U.S. District Court Judge Arthur Schwab, in a 38-page opinion.

Schwab, an appointee of President George W. Bush, issued the ruling in a criminal case that was not a direct challenge to Obama’s moves.

The case involved a once-deported Honduran immigrant, Elionardo Juarez-Escobar, charged in federal court with illegally re-entering the United States after being arrested earlier this year in Pennsylvania for drunk driving.

The court only considered Obama’s immigration policy changes in sentencing Juarez-Escobar to see if he could qualify for deferred deportation under the president’s new enforcement guidelines.

Read more from this story HERE.