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A federal judge Tuesday ruled parts of President Obama’s deportation amnesty to be unconstitutional, with a scathing memo dismantling the White House’s legal reasoning and arguing that Mr. Obama tried to steal Congress’ lawmaking powers.
Judge Arthur J. Schwab, sitting in the Western District of Pennsylvania, said Mr. Obama has some discretion in how to enforce laws, but by setting out a comprehensive system to grant tentative legal status to as many as 5 million illegal immigrants, the president has strayed into trying to write the laws, which is a power reserved for Congress.
“President Obama’s unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as...
The White House defends the policy as a reasonable use of Mr. Obama’s powers to set priorities for enforcing laws, and to stop the breakup of families because of deportation.