Federal judge finds Obama immigration action unconstitutional; exceeds executive authority

A federal court dealt a blow to President Obama’s unilateral declaration of amnesty for illegal aliens on Tuesday, declaring Obama’s blanket announcement that up to 5 million people will not be prosecuted for being in the country illegally goes far beyond the president’s authority.

As the Washington Post reported, in “First District Court Ruling On Obama Executive Amnesty Finds It Unconstitutional”:

“According to the opinion by Judge Arthur Schwab, the president’s policy goes ‘beyond prosecutorial discretion’ in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals. As a consequence, Schwab concluded, the action exceeds the scope of executive authority.”

On Nov. 20, two weeks after voters drove Democrats out of office in midterm elections that changed the party in power in the Senate, the president appeared before the American people and laid out his plan to allow 5 million illegal immigrants to apply for “deferred action.” The action would allow those already here to escape deportation and legally compete for jobs.

Since then, Obama and his supporters have maintained he was acting under full authority of the presidency. Schwab’s decision found otherwise.

All presidents have powers to use their discretion deciding on how to enforce the law, Schwab ruled, but Obama amnesty’s order went too far. and set up a full system for granting legal protections to broad groups of individuals. That power is “reserved for Congress, not the president,” Schwab wrote.

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

Speaker John Boehner warned President Obama that he was playing with matches if he went through with amnesty on his own.

Back in October, U.S. Rep. Paul Ryan, R-Wis., talked to Sean Hannity during a live radio show phone call and said the following:

RYAN: Well first of all, it’s unconstitutional. We’re already going through the court system on other unconstitutional executive orders that he’s worked on and we would add this to the pile. Second of all, if we can get the power of the purse, we will explore every option that we can to exercise that power of the purse to get this executive to honor the Constitution. If he were to do something like that, by the way, he’d put million of people in legal limbo, poison the well for Congress, and do something that’s so blatantly unconstitutional. And so we’re telling the administration, ‘Don’t even think about doing this.’

Obama was warned by many and didn’t care to listen. Let’s see where things go from here.


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