Court rulings have already exposed the shaky legal foundations of any kind of Administrative Amnesty effort. Even the Regime’s more limited “Deferred Action” program that allowed Central American “refugees” into the country was ruled inherently unlawful by District Judge Reed O’Connor in a lawsuit filed by the heroic Kris Kobach. (Read the filing in PDF.)The judge threw out the suit for jurisdictional reasons but
“Plaintiffs were likely to succeed on the merits of their claim that the Department of Homeland Security has implemented a program contrary to congressional mandate,” he said in his ruling…
[Judge Dismisses ICE Agents’ Lawsuit Challenging Obama’s Deferred Action, by Elizabeth Llorente, Fox News, August 01, 2013. My emphasis]As Judge O’Connor here recognized, [PDF] both the Obama Regime’s practice of non-enforcement and its unilateral grants of Amnesty violate the Constitution. It is the Legislature that is supposed to create laws. The Executive merely enforces them.
Obama’s more recent immigration action also met judicial condemnation for this same reason. In his ruling in December 2014, Pennsylvania District Judge Arthur Schwab ruled that “Executive Action Goes Beyond Prosecutorial Discretion—It is Legislation” because:
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