PA Judge Rules Obama’s Immigration Policies Unconstitutional
A federal judge in Pennsylvania issued a 38-page memo that declared President Obama’s changes in immigration policies unconstitutional. Judge Arthur Schwab’s remarks on the the President’s immigration policies stemmed from a case involving a Honduran immigrant who had been deported in 2005, but returned to the U.S. and was subsequently arrested on drunk driving charges. Although the President’s recent executive orders regarding immigration were not applicable in this case, the judge insisted that the defendant could have benefited from the new immigration rules.
Judge’s Analysis: Obama Overstepped His Authority On Immigration Policies
In his analysis, Judge Schwab maintains that President Obama’s changes in immigration policies violated the “separation of powers” established in the Constitution. He said that the changes move “beyond prosecutorial discretion” since they allow for varying treatment of immigration cases “based upon arbitrary classifications.” He also wrote that the President’s immigration policies allow undocumented immigrants who fall into those classifications “to obtain substantive rights.”
Judge’s Ruling On Immigration Policies Out Of Bounds?
The prosecutors in the case noted that the defendant was involved a criminal trial, while President Obama’s changes in immigration policies were meant to address civil proceedings. However, the judge reportedly spoke out because the defendant did not meet with any of the classifications that would require an expedited deportation hearing. Since the constitutionality of the immigration policies were not the focus of the case, Judge Schwab’s statements will likely not have any effect on the enforcement or repeal of the President’s actions.
Justice Department Blasts Judge’s Opinion On Immigration Policies
A statement from the U.S. Department of Justice called Judge Schwab’s analysis of the President’s immigration policies “flatly wrong.” A spokesperson said that the judge’s memo was “unfounded” and that he “had no basis to issue such an order.” The spokesperson also mentioned that the Justice Department filed a brief that “made it clear that the executive actions did not apply” in the case before Judge Schwab.
States Sue Over Immigration Policies
The judge’s opinion comes closely after 24 states have filed suits to challenge the President’s immigration policies. Texas Governor-elect Greg Abbott has led the fight against the new immigration policies, which would delay the deportation of up to 5 million undocumented immigrants. President Obama claimed that he made the changes in immigration policies in response to Congress’s slow reaction to passing immigration reform legislation.
Get Answers For Your Questions on Immigration Policies
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