Obama’s immigration actions ruled unconstitutional; Administration says decision has no effect on broad policy

By Josh Gerstein | POLITICO

A federal judge in Pennsylvania has ruled President Barack Obama’s recent executive actions on immigration unconstitutional, but the decision came in a criminal case, leaving its broader impact uncertain.

U.S. District Court Judge Arthur Schwab issued the first-of-its-kind ruling Tuesday in the case of Elionardo Juarez-Escobar, a Honduran immigrant charged in federal court with unlawful re-entry after being arrested earlier this year in Pennsylvania for drunk driving.

“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,” Schwab wrote in his 38-page opinion (posted here).

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December 17, 2014

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