Tuesday, December 16, 2014
Judge declares Obama immigration action unconstitutional...
[ILLEGAL] U.S.
President Barack Obama speaks about immigration reforms during a visit
to Casa Azafran in Nashville, Tennessee December 9, 2014. Casa Azafran,
located in Nashville's most international and socially diverse
district, is a community center and home to a number of
immigrant-related nonprofits.
REUTERS/Kevin Lamarque (UNITED STATES -
Tags: POLITICS SOCIETY IMMIGRATION)
By Lawrence Hurley
WASHINGTON
(Reuters) - President Barack Obama's new plan to ease the threat of
deportation for 4.7 million undocumented immigrants violates the U.S.
Constitution, a federal judge found on Tuesday, handing down the first
legal ruling against the plan.
The
ruling has no immediate impact, with the government saying there was no
reason for Judge Arthur Schwab of the Western District of Pennsylvania
to address the issue in the case, which concerns 42-year-old Honduran
immigrant Elionardo Juarez-Escobar.
Schwab
is the first judge to rule on the legality of the plan Obama announced
on Nov. 20. The executive action by the Democratic president is opposed
by Republicans and is already subject to other legal challenges.
Schwab
ruled that the executive action violated the U.S. Constitution's
guarantee of separation of powers and the separate "take care clause,"
which requires the president to faithfully execute laws passed by
Congress.
Schwab says he
ruled on the executive action issue because he concluded that
Juarez-Escobar could be eligible for relief under the executive action.
Government
lawyers told Schwab that Juarez-Escobar, who has pleaded guilty to
re-entering the country, was not eligible because Obama's order does not
affect criminal proceedings.
(Editing by Kevin Drawbaugh and Lisa Von Ahn)
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An election for President and Commander in Chief of the Military must strive to be above reproach. Our public institutions must give the public confidence that a presidential candidate has complied with the election process that is prescribed by our Constitution and laws. It is only after a presidential candidate satisfies the rules of such a process that he/she can expect members of the public, regardless of their party affiliations, to give him/her the respect that the Office of President so much deserves.
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