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Federal judge: Obama immigration actions 'unconstitutional'
A federal judge has found parts of President Obama's immigration executive actions unconstitutional, in an opinion delivered as part of a separate immigration case not directly tied to the policy changes.
The opinion filed Tuesday by U.S. District Court Judge Arthur Schwab, in Pennsylvania, still marks the first court opinion to tackle Obama's immigration announcement. He said Obama's immigration actions are invalid and effectively count as "legislation" from the Executive Branch.
"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," the judge wrote.
A federal judge has found parts of President Obama's immigration executive actions unconstitutional, in an opinion delivered as part of a separate immigration case not directly tied to the policy changes.
The opinion filed Tuesday by U.S. District Court Judge Arthur Schwab, in Pennsylvania, still marks the first court opinion to tackle Obama's immigration announcement. He said Obama's immigration actions are invalid and effectively count as "legislation" from the Executive Branch.
"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," the judge wrote.
Schwab reviewed constitutional law and the president's executive order, and declared Obama had no authority to rewrite U.S. immigration law. The effect of Schwab's ruling is still being evaluated, but regardless, it will likely be stayed pending appeal, and would only have effect in the Third U.S. Court District anyway.