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)
Source:http://news.yahoo.com/judge-declares-obama-immigration-action-unconstitutional-204446914.html?AID=7236 Reuters,
By Lawrence Hurley December 16, 2014
3:44 PM
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