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Federal Judge Declares Obama's Immigration Actions Unconstitutional

Carrie Dedrick | Wednesday, December 17, 2014

Federal Judge Declares Obama's Immigration Actions Unconstitutional

A federal judge has reportedly stated that President Obama’s executive action on immigration is unconstitutional. 

The Christian Post reports that U.S. District Judge for the Western District of Pennsylvania Arthur Schwab made the announcement in 38-page written document regarding the case of Elionardo Juarez-Escobar, an illegal immigrant who had been charged for re-entering the country after a drunk driving charge. 

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.” 

He continued, that the President’s executive action that relaxed the U.S. immigration policy “goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights."

According to The Christian Post, Jonathan H. Adler, professor at the Case Western University School of Law said Schwab was the first federal judge to express an opinion against Obama’s executive action. 

Publication date: December 17, 2014