"The November 20, 2014 executive action on immigration is unconstitutional," says Judge Arthur J. Schwab in one heading of the "memorandum opinion" he issued in the case of United States of America v. Elionardo Juarez-Escobar.
"President Obama's unilateral legislative action violates the separation of powers provided for in the Constitution as well as the Take Care Clause, and therfore, is unconstitional," said the judge.
The case involves and illegal alien who had been deported from the United States in 2005, returned, was working in Pennsylvania, and then was pulled over this year for a traffic violation and subsequently charged with driving under the influence.
"In determining whether the Executive Action is applicable to the Defendant, this Court must first determine whether the Executive Action is constitutional," said the court. "The Court is bound to ensure that the Constitution's structural safeguards are preserved."
"President Obama contended that although legislation is the most appropriate course of action to solve the immigration debate, his Executive Action was necessary because of Congress's failure to pass legislation, acceptable to him, in this regard," said the court. "This proposition is arbitrary and does not negate the requirement that the November 20, 2014 Executive Action be lawfully within the President's executive authority. It is not."