District court declares Obama immigration action unconstitutional


#1

Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy 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.

This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States.

washingtonpost.com/news/volokh-conspiracy/wp/2014/12/16/district-court-declares-obama-immigration-action-unconstitutional/

Opinion is here:
washingtonpost.com/news/volokh-conspiracy/wp-content/uploads/sites/14/2014/12/Juarez-Escobar.pdf


#2

Remarkable. We’ll see how it fares up the judicial chain.


#3

"One small step for man, one giant step for saving our Constitution!


#4

I don’t know that this will actually go anywhere. Its painfully obvious that the Judge abused his authority so he could throw his two-cents in on a completely unrelated issue from the case he was supposed to be deciding. Homeland Security told the Court that the defendant was unlawfully present in the United States and the defendant plead guilty to unlawful re-entry. He was ready to take his lumps and neither side said anything about this executive action until the Judge ordered the Government and Defendant’s counsel to submit arguments about it and invited amicus briefs to do the same.


#5

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