A federal judge in Pennsylvania declared Tuesday that parts of President Obama’s recently announced executive actions on amnesty are unconstitutional. President Obama announced last month he would grant the ability for five million illegal immigrants living in the United States to stay in the country under certain conditions.
Judge Arthur J. Schwab of the Western District of Pennsylvania said the executive branch has the ability to exercise discretion on how to enforce the law, but President Obama’s action breaches that. Schwab said the President is writing laws, a power reserved for Congress. Judge Schwab, who was appointed by President Bush and has served on the bench since 2002, said in his ruling Tuesday:
         “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.”
This memo came as part of a deportation case, and does not in any way invalidate the orders issued last month. The Washington Post has posted Judge Schwab’s full opinion here.
The Washington Times notes Obama’s executive actions would allow illegal immigrants to apply for “deferred action.” This deferred action assures a person who is here illegally that they will not be deported, and could apply for a work permit.
Shortly after the announcement of the “deferred action” plan by President Obama, Texas Governor-elect Greg Abbott, who is still Attorney General of The Lone Star State until he is sworn in next month, said he would be filing a lawsuit against the Obama administration. Twenty-four states have filed suit against the Obama administration over the matter as of last week.