Federal Court in Pennsylvania Declared President Obama’s Executive Actions on Immigration Policy Unconstitutional


U.S. District Court Judge Arthur Schwab has ruled that parts of Barack Obama’s executive actions on immigration policy unconstitutional. It’s a start, even though any one with any common sense or grasp of the Constitution knows Obama’s executive order was Unconstitutional. Although this decision was part of a criminal case, look for this case to make it’s way through the federal court system and ultimately to the Supreme Court.


Earlier Tuesday, a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional.

According to the opinion by Judge Arthur Schwab, the president’s policy goes “beyond prosecutorial discretion” in that it provides a relatively rigid framework for considering applications for deferred action, thus obviating any meaningful case-by-case determination as prosecutorial discretion requires, and provides substantive rights to applicable individuals.  As a consequence,  Schwab concluded, the action exceeds the scope of executive authority.

The full opinion can be read HERE.

Judge Arthur Schwab stated that Obama’s executive order violated separation of powers.

“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). “President Obama’s November 20, 2014 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.”

The Pittsburgh-based judge rejected a Justice Department legal opinion arguing that Obama’s actions fall within the traditional realm of the executive’s  discretion about which cases to pursue and which to overlook. Schwab, a George W. Bush appointee, also quoted in detail from a series of public statements Obama made in recent years about the limits on his executive authority to make sweeping changes in immigration enforcement.

As Q and A opines, if this case goes to the SCOTUS, will the “ObamaCare is a tax” court manage to actually rule as this judge has, that the executive has unconstitutionally exceeded his power? Who knows anymore at this point. After Justice Roberts bent over backwards for Obamacare, one can only wonder whether the SCOTUS will get this one right.

Rep. Chaffetz (R-UT) Asks HSS Jeh Johnson, “Did the President Change the Law?” and What Happened to the Deportation of the Terrorists” Who Entered the US Illegally

An amazing exchange yesterday between Rep. Jason  Chaffetz (R-UT) and Homeland Security Secretary Jeh Johnson discussing whether President Barack Obama had the Constitutional authority to change immigration law and what happened to the four terrorists who snuck into the United States illegally. Were they deported? The responses from Johnson were startling, but not unexpected from this corrupt, lawless and lying administration. Jeh Johnson actually had the audacity to call the exert from Obama’s speech suspicious. REALLY SIR? The Obama administration might want to look in the mirror. And you wonder why no one can work with Obama or his administration, their word means nothing.

Hypocrisy Meter

Transcript from RCP:

REP. JASON CHAFFETZ (R-Utah): What do you say to someone who believes the president took action to change the law?
JEH JOHNSON, DHS SECRETARY: We do not change the law, we act within the law.
CHAFFETZ: Can you play the clip? This is from Nov. 25. This is the president in Nevada talking about this (VIDEO).
BARACK OBAMA audio clip: But what you’re not paying attention to is the fact that I just took an action to change the law.
CHAFFETZ: So you say you didn’t change the law, but the president said he changed the law.
JOHNSON: We acted within existing law. We acted within our existing legal authority. Listen, I’ve been a lawyer 30 years, somebody plays me an eight word excerpt from a larger speech, I know to be suspicious. That was very nice.
CHAFFETZ: I’m going to read it back: “Now you’re absolutely right that there have been a significant number of deportations that’s true, but what you’re not paying attention to is the fact I just took action to change the law, so that’s point number one. Point number two: The way the change in the law works…” and he goes on. He’s pretty clear and he is the president of the United States. This is why we have a hard time believing that Homeland Security is doing the right thing.

The Blaze:

Rep. Jason Chaffetz (R-Utah.) grilled Homeland Security Secretary Jeh Johnson over his department’s failure to deport four members of a terrorist organization who were captured crossing illegally into the U.S.

During a Tuesday hearing, Chaffetz recalled that Johnson had previously promised four men nabbed crossing the Southern border in early September would be deported. The individuals were thought to have ties to the Kurdistan Workers’ Party, an organization designated as a terrorist group by the State Department.

“Did you deport them?” the Utah representative asked Johnson.

“Uh, no. Not at this point,” Johnson answered.

“What is the disposition of those four people,” Chaffetz pressed.

“Two are detained, the two others were released by the judge — uh, not my preference — they were released by the judge and they fled to Canada and they are seeking asylum in Canada,” the homeland secretary responded, before placing blame on an immigration judge for releasing two of the four men.

Barack Obama Just Admitted to Immigration Hecklers that He Shredded the US Constitution … “I Just Took an Action to Change the Law”


While speaking Tuesday in Chicago pandering to Hispanics and discussing his recent executive order regarding amnesty for illegal immigrants, President Barack Obama went off script and actually spoke the truth. Obama stated to the hecklers, “I just took an action to change the law”.  It was only last week that the White House was defending Obama’s Unconstitutional executive amnesty order as making changes within the existing law. Hmm, it sounds like he just admitted that he “took an action to change a law, PERIOD! Obama so wanted to be liked by the crowd and garner their cheers and adulation that he spoke the truth. Too bad he had no Constitutional right to do so. To hell with the separation of powers.

The Weekly Standard:

“All right, OK. OK. I understand,” Obama told the protesters after letting them go on for some time. “Listen. Hold on, hold on, hold on. Young lady, young lady, don’t just — don’t just start — don’t just start yelling, young ladies. Sir, why don’t you sit down, too?

“Listen, you know — here. Can I just say this, all right? I’ve listened to you. I heard you. I heard you. I heard you. All right? Now I have been respectful, I let you holler. All right? So let me just — nobody is removing you. I have heard you, but you have got to listen to me, too. All right? And I understand you may disagree,  I understand you may disagree. But we have got to be able to talk honestly about these issues, all right?

“Now, you’re absolutely right that there have been significant numbers of deportations. That’s true. But what you are not paying attention to is the fact that I just took an action to change the law.”

Emperor Obama Shreds the US Constitution with Immigration Amnesty Executive Order … Obama Rewards the Breaking of the Rule of Law

Barack Obama: If you like your illegal immigrant, you can keep your illegal immigrant …

So this is the way that Barack Obama starts on his promise of wanting to work with the GOP following the Democrat midterm election butt kicking? Tonight, Barack Obama went there and played with matches. Obama started his speech by saying, “Today our immigration system is broken and everybody knows it.” Obama should know it is broken, he helped break it by not enforcing current laws on the books. Tonight, Obama tried to play the emotion and guilt card on Americans saying, let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.” One usually does use emotion when they can’t stand on the law. Actually, Americans are people who believe in the rule of law and the US Constitution. Obviously, Barack Obama does not.

One has to ask themselves, why now? If this was such an important issue and so vital to America and Latinos, why didn’t he do it back in 2009-2010 when Democrats had control of both the House and the Senate? Why didn’t he do it in 2012 before his reelection? Why didn’t he make this speech and put forth this executive order before the 2014 midterm elections? I think we all know the answer. Sorry to be so cynical, but this president has lost all right to be trusted. Especially when Obama has said over and over gain that he did not have the legal authority to do so. But suddenly … tonight he has the legal authority. So does that mean he had been lying all of the time in the past? Like I said previously, Obama has zero credibility.

Interestingly enough, the ABC, CBS and NBC did not cover Obama’s speech.

Full transcript can be read HERE.

OBAMA: First, we’ll build on our progress at the border with additional resources for our law enforcement personnel so that they can stem the flow of illegal crossings and speed the return of those who do cross over.

Second, I’ll make it easier and faster for high-skilled immigrants, graduates and entrepreneurs to stay and contribute to our economy, as so many business leaders proposed.

Third, we’ll take steps to deal responsibly with the millions of undocumented immigrants who already had live in our country.

I want to say more about this third issue, because it generates the most passion and controversy. Even as we are a nation of immigrants, we’re also a nation of laws. Undocumented workers broke our immigration laws, and I believe that they must be held accountable, especially those who may be dangerous.

That’s why over the past six years deportations of criminals are up 80 percent, and that’s why we’re going to keep focusing enforcement resources on actual threats to our security. Felons, not families. Criminals, not children. Gang members, not a mom who’s working hard to provide for her kids. We’ll prioritize, just like law e enforcement does every day.

But even as we focus on deporting criminals, the fact is millions of immigrants in every state, of every race and nationality still live here illegally.

And let’s be honest, tracking down, rounding up and deporting millions of people isn’t realistic. Anyone who suggests otherwise isn’t being straight with you. It’s also not who we are as Americans.

It wasn’t too long ago when Obama said he wasn’t the Emperor of the United States and his job was to execute laws that are passed.

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