District Court Declares Obama Immigration Action Unconstitutional

Jonathan H. Adler, Washington Post, December 16, 2014

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.

This is the first judicial opinion to address Obama’s decision to expand deferred action for some individuals unlawfully present in the United States. [I’ve now posted the opinion here.]

The procedural background of the case is somewhat unusual. The case involves an individual who was deported and then reentered the country unlawfully. In considering how to sentence the defendant, the court sought supplemental briefing on the applicability of the new policies to the defendant, and whether these policies would provide the defendant with additional avenues for seeking the deferral of his deportation. In this case, however, it’s not entirely clear it was necessary to reach the constitutional question to resolve the issues before the court with regard to the defendant’s sentence.



Topics: ,

Share This

We welcome comments that add information or perspective, and we encourage polite debate. If you log in with a social media account, your comment should appear immediately. If you prefer to remain anonymous, you may comment as a guest, using a name and an e-mail address of convenience. Your comment will be moderated.
  • MekongDelta69

    NoBama will just ignore any judgment he doesn’t like.

    He just appointed 88 more (leftist) Federal judges.

  • dd121

    Obama, with the tacit approval of Republicans, will do as he damn well pleases.

    • Fletch

      Maybe Reverend Wright could talk some sense into him?

      • dd121

        I don’t think Wright has any common sense to impart.

    • See The Future

      The role of the GOP is to keep the Dems in power.

      They are doing a great job.

      They were given the opportunity with majority senate and congress to make life very difficult but not the case, business as usual.

      We can only hope that a miracle will occur before 2016.

      • mobilebay

        I hope that miracle comes in the form of Sen. Jeff Sessions. He’s one of the few in Washington who seems to acknowledge the invasion of this country. If he, or anyone, would make his thrust the financial cost of illegal immigration to American taxpayers, perhaps the placid population would take note. People like Tom Tancredo, who ran before were branded “Racist.” But, I don’t recall anyone laying out the facts of what this travesty is costing, not only in money – that would get their attention – but the cost in human suffering to our people if this free-for-all continues. We are losing our country by paying the bills for the rest of the world, then taking in its inhabitants. I don’t think our forefathers ever envisioned the destruction of our nation by third world masses…and our own leaders who permit it.

      • dd121

        It looks like the Republicans are on their way to squandering another election victory. The American people want them to repeal Obamacare and put illegal immigration under control. They’re not going to do it thus paving the way for Dems in ’16.

    • Clyde Weathers

      Yep. The ‘queers for i$rael’ crowd dominate both sides of the aisle.

      • Juggernaut3000

        The ‘queers for i$rael crowd fund both sides of the aisle.

        Follow the money. That’s where the power is.

        • Scott Rosen

          You mean the fake funny money they print by the truckload over at the Federal Reserve?

  • David Ashton


    • Dwight

      Since the Taliban chieftain himself declared his own actions illegal, yes, he should expect impeachment proceedings. Won’t happen though as long as his secret partners in amnesty, McConnell and Boehner, are at the helm.

      • Juggernaut3000

        Won’t happen because those who control, fund, write speeches for and tell him what to sign are those at the helm.

        Obama, McConnell and Boehner control exactly nothing.

        Look at who funds them. That’s who’s in control.

    • Juggernaut3000

      Will. Not. Happen.


      • David Ashton

        Sic semper tyrannis

  • haroldcrews

    He ignores Congress at will as well as pretty much all opinion polls. Why would he not ignore the decision of a mere judge? There is no greater law than the will of the dictator.

    • Dwight

      True. The Kenyan has the gall of a government mule.

  • Truthseeker

    Obama isn’t going to let a trifling thing like the law deter him. He’s more African at heart than he is American, and his philosophy of government follows accordingly.

    • Juggernaut3000

      Obama is merely being paid to do what he does. He is unintelligent and poorly educated. His speeches are written for him and his records have been sealed by federal judges. We have academic records of all presidents except for Obama.

      Obama only does what his handlers tell him to do.

      I wish people here would stop giving the low IQ Obama credit for “controlling” this country. He controls exactly nothing. He does what he is told by those who catapulted him from NOTHING into the most powerful position in the entire world. That takes big money, power and influence, none of which Obama had or has.

      • george00

        Why not just come out and say who or what you think is the power running everything instead of taking so much time just to hint around about it.

        • ghettovalley

          Most of us know, but many refuse to admit it. I can see why Jared is concerned with the image presented to the public. He doesn’t want to be perceived a certain way in the public eye. But it looks a bit hypocritical to point out the flaws and social pathology in some races, even in your own race, but refuse to even allow discussion about others. Race realism means being honest and considering the facts regarding the differences between the racial groups, correct? Not allowing any discussion of the tribe, even when some members of this group are clearly causing some of the problems that we discuss here daily, goes against everything that many of us supposedly stand for.

  • 4321realist

    In an age of obfuscation and twisted Orwellian logic it seems strange to get a decision from someone from the judiciary who plainly says a usurpation of power by the executive branch is unconstitutional.

    What he says certainly sounds like what many experts have told us and what we deem correct using our common sense, but this is an “age of universal deceit” where nothing is inviolate from the lies and manipulations of the leftist geeks who control the country right now.

    I’m pretty sure they were expecting this when they decided to go ahead with the amnesty farce, so we can expect them to shift into high gear, pull out all the stops and put the pedal to the metal with their lies ands manipulations.

    Even if they lose, the cases will take so long to run through the system illegals will have already had their driver’s licenses, SS numbers and other data by the time it’s all over and done with, so the process will be impossible to reverse.

    The only thing that can stop this madness is if the country goes belly up financially, and the parasites go back home voluntarily.

    • connorhus

      Precisely. Although I am opposed to letting all these illegals stay here the fact is no one is going to get rid of them anyway. We need to make it so they want to leave on their own and the best way to do that is to cut off the welfare state.

      • Yves Vannes

        If we cut off the welfare state the Dems will cease to exist. They will start a civil war before they let that happen.

        Unfortunately, 4321realist is right: the punishment will be in the process. From this point out Ozero is at war with white America. He will lose every battle on paper. But since he controls all of the levers of executive power he will do as much damage as he can before he retires to the world court and spends the rest of his life attacking the US.

        • connorhus

          My thought process on it is that the welfare state will get cut off with or without the Femocrat approval. They can try and start a war all they want but something that is not sustainable will not last and the Welfare State is not sustainable.

          • ghettovalley

            It will run itself into the ground. I would not be surprised to learn that more people in America receive welfare benefits of some kind than are employed full time. If we’re not there yet, we’re close.

          • connorhus

            I am sure you are correct. When you count all the public pensions, make work bloated government jobs, government spending in the private sector from military to Multi-Cult educational materials, programs, etc. I would say 70% of America’s population is dependent on government largess of one type or another. It ain’t just out right welfare and EBT. Every diversity job public or private plus many others are just as much welfare as anything else.

          • ghettovalley

            It is welfare in my opinion, because the taxpayers are picking up the tab. The shrinking middle class is forced to bear the burden of the growing underclass. You don’t need to be an MIT graduate to understand that this system cannot perpetuate itself forever. Nor should it, as things stand right now the most productive and hard working people are being penalized while the most useless, dumb, and lazy portions of society are basically being financially rewarded with endless welfare payments at our expense. It’s obviously backwards, and there’s no way things can continue at this rate for much longer.

          • connorhus

            I agree. The FED has created the perfect closed loop system. They are exporting some of the financial pain to other parts of the globe, pushing a lot of it down on the lower classes by devaluing the dollar and managing to keep inflation curbed by not allowing the bulk of the money to trickle down. They keep dollar demand up by requiring it for taxes and all government business and slowly erode all of our wealth away.

            It’s not sustainable but has become a last man standing situation. We are just waiting to see who falls first.

          • David Ashton

            The historic problem of “democracy”.

          • The peak during the last Presidental election was that something like 49% were paying no Federal income tax. This subsequently declined to around 44% I think. When you include the numbers employed by the Government and the AA hires, then I think the % dependent directly on the Government for their dole is much higher.

        • See The Future

          An impotent republican senate and congress failing to act in the next two years will ensure victory for the Dems next presidential election.

          The GOP will field another guaranteed loser.

      • See The Future

        This tactic will definitely help, but some additional prodding will be necessary.

      • Ohmy!

        Unfortunately, the illegals won’t leave, period, no matter what we do. They like the good old U.S.A too much. I don’t see any of them leaving “on their own,” – they’re digging their heels in and staying put (with or without welfare).

        • connorhus

          Oh I think they will leave when the money runs out. I have met and worked with a few immigrants that were in fact hard workers but I have yet to see an immigrant that did not have some form of welfare luggage when it came to their family that is here with them. Once that money runs out 99% of them won’t be able to stay anyway. Heating assistance is the worst on them. If they had to heat their own homes they would go broke.

          • Ohmy!

            I still think that the illegals will stay put. Where I live, I see “professional panhandlers” everyday, standing at the same locations day-in-and-day-out, collecting handouts from drivers (and/or their passenger). It works! I see different crews of people (they seem to rotate their locations), standing at busy intersections, getting money, holding signs (of plight). The illegals might end up joining the people that I see. Finally, the illegals can use other resources (e.g., churches, etc.) to help them stay here, playing on the average person’s sympathies. If their’s a will, their’s a way to accomplish one’s goals.

          • connorhus

            But they are living off the surplus and the hand out’s of others none-the-less. When stuff get’s bad enough all of that will stop and there will be nothing left to keep em here. We already witnessed a mini-wave out of them in 08 and 09. I have also noticed another thing about the Hispanic immigrants. Many of them tend to be transitory even when they are given permanent jobs. I think there is an inbred sense of the grass is greener syndrome in their make up.

          • Ohmy!

            I agree with you – they are benefiting from living in our country. It’s my view that if illegals can stay put, they will do so, finding a way to make the U.S.A their permanent homeland (they can work multiple jobs if necessary to support themselves), doubting that they would leave our country. Many of these people come from dangerous locations, so our country is a peaceful, non-threatening place to live (generally speaking). Personally, I don’t like what’s happening in our own country, wanting (very much) to see all of these illegals deported to their own countries. Since we have the President that we have, the illegals can stay put (he’s on their side, supporting their imaginary “rights”).

    • See The Future

      Bounty hunters worked in the old days. Bounty hunters can be just as effective today.

      • ghettovalley

        If whites were united and organized nationwide we could easily remove unwanted squatters, leeches, and trespassers from our country. It would be as easy as taking out the garbage. If only the law were on our side this fantasy could quickly become realty.

        • Nonhumans

          Wait til the system collapses and law enforcement has no interest in protecting the illegals and their treasonous enablers bc they’re too occupied in securing scarce resources for their own families. I’d be willing to bet that there will be a substantial number of “True American Patriots” who will be hunting down the cancers among us, getting revenge for our hardships and downfalls.

  • Dave4088

    Anyone with a shred of common sense knows that prosecutorial discretion doesn’t mean the executive branch can simply ignore all laws pertaining to the presence of illegal aliens.

  • superlloyd

    This is water off a duck’s back to the criminal, muslim, Kenyan usurper and his tribe of useful idiot drones in the media. The republicans deliberately let the country down when they had the chance to oppose this malevolent, marxist racist.

  • Epiminondas

    And if the bureaucrats decide to ignore the courts? They’ve been scoffing at the law for over a decade, no matter who is in the White House. Can’t imagine this will lead to anything.

  • dave

    Nothing but smoke and mirrors. Obama does what he wants because theres no opposition party to stop him.

    • Fletch

      Especially when the leadership wants the same things he does.

  • Who Me?

    I wonder just what the Federal Government would do if all the states decided to secede at the same time?

  • Dwight

    Nice little can of worms opened up for the criminal on Pennsylvania Avenue. No thanks to scotch-and-soda Boehner.

    • Fletch

      What’s up with his man-tan?

  • MartelsGhost

    I’m gonna file this under “No Sh*t. Bout time.”

  • MannyR

    And nothing will change because the powers that be know no one but blacks and unemployed liberals riot, not working class whites. Power comes from the barrel of a gun.

    • willbest

      We apparently need some of that German spirit in this country.

    • “Exactly right” they said in 1923 of the long suffering and peaceful German people after the Weimar Republic stole all their money by devaluing the mark to ~ zero. Ten years later they elected the Dictator Adolf Hitler and got rid of their Democracy. There are a number of Divergent trends in the US that bode ill towards the continuing stability of the un-United Federal Plutocracy of North America. (UUFPNA).

      These are the growing national debt in the tens of trillions, the rise of the violent black underclass, the loss of the white taxpayer generation, the non-integrating tactics of Mexican immigrants, the loss of scientific capability and of technological pre-eminence, the loss of the flexibility of being the world’s reserve currency.

  • Reynardine

    “Oh we’re SO MAD. This time we’re REALLY GOING TO DO SOMETHING. Just you wait! Aaaaany moment. We’re really serious this time. You have NO IDEA how serious we are…”

    Ex Republicae ad nauseum.

  • Paleoconn

    Obama-Impeachment 2015
    Sessions-Kobach 2016

    • See The Future

      The GOP will run with Bush

      • Paleoconn

        And it will be the end of the GOP. Sessions-Kobach 2020 sounds just as nice. Operation Wetback 2.0 delayed 4 years. I’ve been patient so long, four years is nothing.

    • mobilebay

      Congratulations, Paleoconn! Two great minds working together. I’ve been touting this duo for a long time. From our lips to God’s ear. I’ve already got a list of cabinet members too.

      • Paleoconn

        Thanks, mobilebay. You’re lucky to have a senator like Jeff Sessions. Even his Christian name (Jefferson) predicted greatness when his parents bestowed it upoon him.

        • mobilebay

          Wish Sessions were my senator. Would be proud to claim him, but I’m a Texan by marriage. However, I was born and raised on the bay.

  • LHathaway

    Obama is doing nothing, except that ‘5 million illegals’ won’t be forcibly deported? You know in the end it will be worse than that. Even Reagan completely amnestied more than that. They need do nothing and the transformation will be complete.

    If illegals can get amnesty or be free and clear living in sanctuary cities. Why can’t nearly a million blacks be given amnesty and released from prison (preferably in Hispanic neighborhoods) while whites be given sanctuary, a safe place of our own inside the USA?

  • willbest

    I suspect this court order will get filed the same place all the FOIA court orders get filed.

  • pea_brain_2012

    Republicrats and demacans – what’s the diff?

    • Alexandra1973

      Only the packaging.

    • Beowald

      Reps give us Pottersville. Dems give us Ferguson. I want to live in Bedford Falls.

    • Juggernaut3000

      Zero. Both are funded by the same source. They play both sides of the aisle to make it appear as if there is some competition, some dissent, and to make the American people believe we have choices in matters such as the planned destruction of our economy and the dispossession of Whites through flooding from the 4th world.

      We do not. The White genocide agenda has been set and is grinding along apace.

  • Earl Turner

    Obviously the judge is racist.

  • Juggernaut3000

    So what?

    Who’s going to stop him?

    The new GOP congress?


  • Who Me?

    “[A]n individual who was deported and then reentered the country unlawfully…”
    **And the cat came back.**
    We see a lot of that here. Anytime they actually get around to deporting someone, he’s back within a week or two–they usually take the (all expenses paid by you and me) trip down as a chance to stop off and visit the old folks, and possibly one or two wives and sets of kids before sneaking back. I think they ought to get deported once. Second time, keep them here permanently–six feet under.

  • connorhus

    Good points. The problem is so many people are 100% dependent on the system they have set up they have no choice but to ridicule the doomsayers. They decided to go all in and to admit they were wrong is tantamount to committing suicide.

    It’s like someone with a busted tie rod on their car who can’t afford to fix it but insists it’s just a tire out of balance. They can afford that.

  • Clyde Weathers