“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,” wrote U.S. District Court Judge Arthur Schwab, in a 38-page opinion.
Schwab, an appointee of President George W. Bush, issued the ruling in a criminal case that was not a direct challenge to Obama’s moves.
The case involved a once-deported Honduran immigrant, Elionardo Juarez-Escobar, charged in federal court with illegally reentering the United States after being arrested earlier this year in Pennsylvania for drunk driving.
The court only considered Obama’s immigration policy changes in sentencing Juarez-Escobar to see if he could qualify for deferred deportation under the president’s new enforcement guidelines. …
President Obama’s executive action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.