As of now, I am in control here, in the White House

Federal Judge: Obama Immigration Order Unconstitutional

In the first court opinion on the issue, a federal judge in Pennsylvania ruled that President Obama’s immigration actions are an unconstitutional abuse of presidential power.

U.S. District Court Judge Arthur Schwab, a George W. Bush appointee, wrote the opinion in relation to a criminal case he was reviewing. It appears to me he was looking to weigh in the matter, and the opinion may have little practical effect other than to raise awareness that the immigration fiat might be challengeable in court.

According to Fox News:

(Schwab) wrote that the action goes beyond so-called “prosecutorial discretion” — which is the “discretion” the administration cites in determining whether to pursue deportation against illegal immigrants . . .

Schwab . . . wrote that this “systematic and rigid process” applies to a “broad range” of enforcement decisions, as opposed to dealing with matters on a “case-by-case basis.”

Further, he wrote that the action goes beyond deferring deportation by letting beneficiaries apply for work authorization and allowing some to become “quasi-United States citizens.”

He also cited Obama’s argument that he was proceeding with executive action after Congress failed to act on comprehensive immigration legislation, and countered: “Congressional inaction does not endow legislative power with the Executive.”

21 Responses to Federal Judge: Obama Immigration Order Unconstitutional

  1. From what I read elsewhere and what should not be minimized is that this is a result of a criminal prosecution. The defendant, previously deported, was trying to use the new amnesty as part of a defense in a criminal case. Oh the irony.

    • And the White House lawyers are taking the position that since the guy was a criminal Obama’s executive orders did not apply to him. They say the executive order still stands.

  2. To be sure, Obama and his army of thug lawyers have researched his diabolically evil act and have discovered some obscure loophole that will enable him to carry through with this travesty. He can’t be underestimated when it come to dirty poilitics.

    Why hasn’t Boehner and his band of RINOS filed an injunction…or something?!? All the talk about de-funding is ludicrous. Obama must be stopped at all cost! When does this stuff all go into effect? The green cards, SS cards and Medicare?

    ***If anyone is unaware of how Obama started out in Chicago by betraying State senator, Alice Palmer, and progressed up the ladder, this is a ‘must read’:

  3. I found the last bit very interesting: just because the Congress has failed to pass a bill does not give the President legislative authority.

    • The Founders set this system up to be slow and methodical for a reason.
      To eliminate the possibility of a president taking control of the Country.
      To give the People a voice through their representatives.
      Due to the corruption that is rampant presently,… the Founders’ best laid plans are being usurped because of cronyism.

      Obama was never vetted and should never have been elected, but,….here we are.

      Thank goodness that there are people that still love this Country and are willing to continue to stand for Her.

    • Julie, I was just going to post that the last part is the best:

      He also cited Obama’s argument that he was proceeding with executive action after Congress failed to act on comprehensive immigration legislation, and countered: “Congressional inaction does not endow legislative power with the Executive.”

      Someone needs to tell Obummer this. I’m sick and tired of him saying, “If Congress doesn’t act, then I will.” Aargh, I scream at my damn TV every time, “It does NOT work that way, you stupid @##%*&!!”

  4. Obama has moved from governing with separation of power, to ruling by Executive Order, then by Memoranda –making the Constitution and Congress irrelevant.

    One day he will issue 140 character Diktats via Twitter. Tweet his way to one man rule.


    Twenty-seven Members of Congress, led by Senator Ted Cruz (R-Texas), signed an amicus brief in support of the lawsuit brought by two-dozen states challenging President Obama’s executive amnesty. The brief states that the president’s executive action “changes the law and sets a new policy, exceeding [the president’s] constitutional authority and disrupting the delicate balance of powers.”

    “President Obama is not only unashamedly defying the Constitution by refusing to faithfully execute our nation’s immigration laws; his amnesty policy is harming millions of Texans and Americans,” Senator Cruz said in his statement. “By unilaterally granting amnesty to nearly five million people, the President is inviting even more illegal immigration, which hurts working men and women who have entered the country legally and further strains state governments resources”
    Senator Cruz is joined in the amicus brief by Senators John Cornyn (R-TX) and Roy Blunt (R-MO.), as well as Representatives Bob Goodlatte (R-VA.), Diane Black (R-TN.), Dave Brat (R-VA), Jeff Duncan (R-SC), John Fleming (R-LA), Randy Forbes (R-VA.), Virginia Foxx (R-NC), Trent Franks (R-AZ) Trey Gowdy (R-SC), H. Morgan Griffith (R-VA.), Vicky Hartzler (R-MO), Tim Huelskamp (R-KS), Mike Kelly (R-PA), David McKinley (R-WV.), Jeff Miller (R-FL), Alan Nunnelee (R-MS), Pete Olson (R-TX), Ted Poe (R-TX), Bill Posey (R-FL), Tom Price (R-GA.), Phil Roe (R-TN.), Adrian Smith (R-NV), Lamar Smith (R-TX), and Rob Wittman (R-VA.).
    Senator Daniel Coats (R-IN.) voted to fund President Obama’s executive amnesty during the lame-duck session contrary to his earlier statement. So did Senator John Barrasso (R-WY.), Senator Kelly Ayotte (R-NH) who also voted to fund President Obama’s executive amnesty contrary to his earlier statement.
    The amicus brief was filed on behalf of the Members of Congress by the American Center for Law and Justice.
    The lawsuit filed last month by the states argues that President Obama’s executive amnesty violates federal immigration law and usurps Congress’ constitutional authority to set immigration policy. A U.S. District Court judge in Pennsylvania yesterday ruled that President Obama’s executive directive successfully granting amnesty to 5 millions or more illegal aliens, guaranteeing against prosecution plus the provision of positive legal benefits — violates the US Constitution. In this 38 page opinion Judge Arthur J. Schwab held that this president’s action exceeds executive authority.

    IN Judge Schwab opinion the complainants were provided a measured and descriptive rebuttal of Obama’s attempt to grant amnesty to millions of illegal aliens that should have been welcomed by the extreme right? However, the Republican hierarchy on Capitol Hill met the abuttal with an ominous chilly hush and unfriendly whispers. It is suggested the reason Capitol Hill Republican establishment has been silent for two reasons: first, it convinces me Obama’s amnesty that they had no intention in truth of fighting this issue, and secondly, it demonstrates that Ted Cruz (R-TX) and Mike Lee (R-KY) were correct, that is something the Republican establishment just cannot stomach, because they don’t get their discount slave labor.

    THE Republican godfathers are hypocrites and worse, as they really had no intentions of battling King Obama on his illegal executive order. In actual fact they wanted the illegal alien invaders to settle here or the new surges of people at the Southern border which is still wide open on Obamas orders. Under these circumstances the Republican Elites blaming the outgoing administration. Anybody with one brain cell can see through the cracked mirror that the career GOP can witness their clever ploy in a backlash on House speaker John Boehner (R-OH), and inward bound Senate Majority Leader Mitch McConnell, (R-KY) had stealthily arranged this behind the proverbial closed doors.


    Now you/me, African Americans, white, Hispanics, Asian, veterans, sick, poor, elderly and a definite rebuff of citizens and permanent residents and do nothing about the borders. Congress has let the 2000 miles of our Southern border fall into disrepair or refused to build the 2006 Double layer fencing topped with razor wire. Do nothing to stop those people who arrive on aircraft and never go home. Do nothing about the financial impact of ‘Anchor Babies” Do nothing about the sponsored family members who end up on the public dime, through chain migration. Do nothing about the theft of Social Security cards, do little about the drugs arriving, do nothing about the sex slaves, do nothing about the continuous lose of wages; or falling wages, because employers have never been imprisoned to any major extent for enforcing the 1986 amnesty. Billions of dollars used to financially support illegal aliens, could utilized to construct a real fence. But we have been sold out by this President and 99 percent of the politico’s, although we will be ready with our negative votes to remove all corrupt politicians from office in 2016 who voted for his anti-middle class agenda.

    WANT TO DISTRESS EVERY SENATOR AND CONGRESSMAN, then bombard these phone Numbers and Mailing Addresses of Members of Congress at: or The TEA PARTY members are urged to pick-up the phone. US Capitol Switchboard (202) 224-3121; (the toll free number is 1- 866-220-0044) and join other conservatives who are committed to flood the phone lines on Capitol Hill with this simple message,.’IGNORE THE PEOPLE AT YOUR OWN PERIL.’ A very reliable website designed for those against illegal immigration is Americans for Legal Immigration PAC