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Tuesday, December 16, 2014

Obama Amnesty Ruled Unconstitutional: Read The Opinion

A federal district court judge found that the amnesty policy set forth in President Obama's November 2014 Executive Action was outside the scope of presidential authority and thus is essentially unconstitutional, according to an opinion in a criminal case just released Tuesday.

The Executive Action remains in place and other judges are free to uphold, recognize or enforce it, but this opinion means that District Court Judge Arthur Schwab, sitting in the Western District of Pennsylvania, will not do so.  And all judges' opinions are subject to appeal.

Notable from the opinion by District Court Judge Schwab:
This Executive Action "cross[es] the line," constitutes "legislation," and effectively changes the United States' immigration policy. The President may only "take Care that the Laws be faithfully executed . . . "; he may not take any Executive Action that creates laws. U.S. Const., Art. II, § 3.
Later, Schwab wrote that as the Executive Action acted as legislation, it went beyond the executive's prosecutorial discretion. He further wrote that President Obama's contention that the "Executive Action was necessary because of Congress’s failure to pass legislation, acceptable to him... is arbitrary and does not negate the requirement that the November 20, 2014 Executive Action be lawfully within the President’s executive authority," which Judge Schwab found it was not.  

The opinion considered the applicability of the Executive Action to an illegal alien (a/k/a/ undocumented entrant), Elionardo Juarez-Escobar, who had already pleaded guilty to unlawful entry by a previously removed (that is, deported) alien. 

Juarez-Escobar illegally reentered in 2005 and only ran into trouble when he was caught driving with a blood alcohol level of 0.18%, or more than double Pennsylvania's legal limit of .08%. 

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