Loading ...The Washington Times is reporting that a Federal Judge Arthur J. Schwab, sitting in the western district of Pennsylvania, “has found parts of President Obama’s new deportation amnesty to be unconstitutional, issuing a scathing memo Tuesday accusing him of usurping Congress’s power to make laws, and dismantling most of the White House’s legal reasoning for circumventing Congress.”
Judge Arthur J. Schwab said “…presidents do have powers to use discretion in deciding how to enforce the law, but said Mr. Obama’s new policy goes well beyond that, setting up a full system for granting legal protections to broad groups of individuals.” He said Mr. Obama writing laws — a power that’s “reserved for Congress, not the president.”
“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,” Judge Schwab wrote.
The judge also said the policy allows illegal immigrants “to obtain substantive rights.”
The memo came as part of a deportation case before the judge, and Judge Schwab’s order does not invalidate the president’s policies. But it serves as a warning shot as other direct challenges to the new amnesty begin to make their way through the courts.