Attorney General Eric Holder and his Justice Department were quick to dismiss a U.S. District Court Judge’s legal opinion that sections of President Obama’s recent executive amnesty actions were unconstiutional.“The decision is unfounded and the court had no basis to issue such an order,” a DOJ spokesperson said in a statement. “No party in the case challenged the constitutionality of the immigration-related executive actions and the department’s filing made it clear that the executive actions did not apply to the criminal matter before the court. Moreover, the court’s analysis of the legality of the executive actions is flatly wrong. We will respond to the court’s decision at the appropriate time.”
The federal judge, Arthur Schwab, stated that the president’s unilateral immigration moves were “invalid” and ‘effectively count as “legislation” from the Executive Branch.’
“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.”-Judge Arthur Schwab
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Here is more background on the judge’s legal opinion:
The Obama administration’s selective support for the opinions of federal judges only matters to them when those opinions support their liberal and un-American policies and agenda.
The opinion, though, is unique in that it did not come in response to a challenge to Obama’s immigration policy announcement. It is unclear what impact, if any, the opinion might have other than to rally critics and fuel momentum behind other lawsuits.Rather, Schwab issued his opinion in response to a criminal case against Honduran illegal immigrant Elionardo Juarez-Escobar, who was previously deported in 2005 — and was caught in the U.S. again earlier this year.
He already has pleaded guilty to “re-entry of a removed alien,” but the court subsequently examined the impact of Obama’s immigration actions on the case.
For that review, Schwab left open whether the actions might apply to Juarez-Escobar but determined the executive actions themselves were unconstitutional.
He 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.
Obama’s policy changes would give a reprieve to up to 5 million illegal immigrants, including those whose children are citizens or legal permanent residents and who meet other criteria.