Judge Arthur Schwab from Pennsylvania ruled today that President Barack Obama’s executive amnesty is unconstitutional. From 5-20 million illegal immigrants would qualify for amnesty under the president’s plan.
The Washington Post reported:
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…
…This isn’t the only case challenging the lawfulness of the Obama’s immigration actions. Some two-dozen states have filed suit challenging Obama’s recent immigration policy reforms. Led by Texas, these states claim that the president as exceeded the scope of executive authority in this area.
Judge Schwab was nominated by George W. Bush to a seat on the US Western District Court of Pennsylvania in 2002.