Fed Judge Says Obama’s Amnesty Unconstitutional
A federal district judge has said that President Barack Obama’s amnesty program for illegal immigrants violates the U.S. Constitution.
The only question: Does it matter?
Judge Arthur Schwab, a George W. Bush appointee, issued a ruling yesterday saying that, “President Obama’s executive action goes beyond prosecutorial discretion because: (a) it provides for a systematic and rigid process by which a broad group of individuals will be treated differently than others based upon arbitrary classifications, rather than case-by-case examination; and (b) it allows undocumented immigrants, who fall within these broad categories, to obtain substantive rights.”
Unfortunately, however, Judge Schwab’s declaration may be little more than a non-binding advisory opinion. According to conservative law professor Jonathan Adler – one of the originators of the ObamaCare subsidies challenge now before the U.S. Supreme Court – Schwab’s ruling came after he requested supplemental briefing in a case trying to decide how to sentence an illegal immigrant for a non-immigration-related crime. Apparently, Schwab wanted to know if the defendant qualified for protection from deportation under Obama’s plan. Schwab then used the occasion to find the amnesty program unconstitutional.
While legal experts like Adler try to figure out how much to make of this opinion, Schwab’s ruling points to a larger issue. Namely, that major policy changes have major policy implications. For example, legal immigrants are finding out that creating exceptions for illegals increases the costs on the law-abiding.
Time will tell if Obama’s amnesty program has a negative impact on the federal court system as well.