US judge says Obama immigration action invalid

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US judge says Obama immigration action invalid
House Speaker John Boehner of Ohio, accompanied by a U.S. Capitol Police officer, right, walks to the House chamber on Capitol Hill in Washington, Wednesday, Jan. 14, 2015, as lawmakers gather for a vote to fund the Homeland Security Department but will curb President Barack Obama's executive actions on immigration. An Ohio bartender with a history of psychiatric illness was indicted on a charge of threatening to murder Boehner, possibly by poisoning his drink at a country club or shooting him, according to court documents. A grand jury indictment filed in U.S. District Court in Ohio on Jan. 7 identified the accused man as Cincinnati resident Michael R. Hoyt, said the records made available Tuesday. (AP Photo/J. Scott Applewhite)
WASHINGTON, DC - JANUARY 14: House Minority Whip Steny Hoyer (D-MD), speaks about immigration while flanked immigrant family members by during a news conference on Capitol Hill, January 14, 2015 in Washington, DC. Hoyer urged members of Congress not to pass legislation to fund the Department of Homeland Security with attached anti-immigrant amendments. (Photo by Mark Wilson/Getty Images)
WASHINGTON, DC - JANUARY 14: Isabel Aguilar (R) speaks about immigration while flanked by her children Adolfo Martinez 13 (C), Miranda Aguilar 8 (2ndL), and Emillio Aguilar 7 (L), during a news conference on Capitol Hill, January 14, 2015 in Washington, DC. Ms. Aguilar joined House Democrats to urge members of Congress not to pass legislation to fund the Department of Homeland Security with attached anti-immigrant amendments. (Photo by Mark Wilson/Getty Images)
WASHINGTON, DC - JANUARY 14: Isabel Aguilar (R) speaks about immigration while flanked by her children Adolfo Martinez 13 (C), Miranda Aguilar 8 (2ndL), and Emillio Aguilar 7 (L), during a news conference on Capitol Hill, January 14, 2015 in Washington, DC. Ms. Aguilar joined House Democrats to urge members of Congress not to pass legislation to fund the Department of Homeland Security with attached anti-immigrant amendments. (Photo by Mark Wilson/Getty Images)
Rep. David Cicilline (D-RI) speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Luis Gutierrez (D-IL) speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
(L-R)Rep. Judy Chu (D-CA), Rep. Al Green (D-TX), Rep. Jan Schakowsky (D-IL), Rep. Juan Vargas (D-CA), Rep. Jared Polis (D-CO), Rep. Luis Gutierrez (D-IL) and Rep. David Cicilline (D-RI) attend a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Luis Gutierrez (D-IL) receives notes during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Karen Bass, D-CA, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
WASHINGTON, DC - JANUARY 13: Rep. Luis Gutierrez (D-IL) speaks about immigration during a news conference on Capitol Hill, January 9, 2015 in Washington, DC. Rep. Gutierrez talked about plans to help educate immigrant communities and prepare for the implementation of the executive actions on immigration announced by President Obama in last November. (Photo by Mark Wilson/Getty Images)
Rabih Torbay, senior vice president for international operations at the International Medical Corps., speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
WASHINGTON, DC - JANUARY 13: Rep. Luis Gutierrez (D-IL) (C) speaks about immigration while flanked by colleagues during a news conference on Capitol Hill, January 9, 2015 in Washington, DC. Rep. Gutierrez talked about plans to help educate immigrant communities and prepare for the implementation of the executive actions on immigration announced by President Obama in last November. (Photo by Mark Wilson/Getty Images)
Jeremy Konyndyk (L), director of the U.S. Agency for International Development's Office of U.S. Foreign Disaster Assistance, and Tom Frieden (R), director of the Centers for Disease Control and Prevention, listen as African Union Ambassador to the US, Amina S. Ali, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Jeremy Konyndyk, director of the U.S. Agency for International Development's Office of U.S. Foreign Disaster Assistance, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Tom Frieden(2nd-R), director of the Centers for Disease Control and Prevention, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Sarah Kaba Jones, founder and CEO of FACE Africa, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC.House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Charles Rangel (R),D-NY, arrives for a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Tom Frieden, director of the Centers for Disease Control and Prevention, arrives for a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Charles Rangel (D-NY) speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Jeremy Konyndyk, director of the U.S. Agency for International Development's Office of U.S. Foreign Disaster Assistance, speaks during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Tom Frieden, director of the Centers for Disease Control and Prevention, listens during a press conference on Capitol Hill January 13, 2015 in Washington, DC. House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
From left: Rabih Torbay, senior vice president for international operations at the International Medical Corps, Jeremy Konyndyk, director of the U.S. Agency for International Development's Office of U.S. Foreign Disaster Assistance, Gwendolyn Mikell, professor of anthropology and foreign service at Georgetown University, and Tom Frieden, director of the Centers for Disease Control and Prevention, attend a press conference on Capitol Hill January 13, 2015 in Washington, DC.House Democrats spoke about US President Barack Obama's executive actions on immigration. AFP PHOTO/BRENDAN SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Rep. Charles Rangel
WASHINGTON, DC - JANUARY 13: Rep. Luis Gutierrez (D-IL) speaks about immigration during a news conference on Capitol Hill, January 9, 2015 in Washington, DC. Rep. Gutierrez talked about plans to help educate immigrant communities and prepare for the implementation of the executive actions on immigration announced by President Obama in last November. (Photo by Mark Wilson/Getty Images)
WASHINGTON, DC - JANUARY 13: Rep. Luis Gutierrez (D-IL) (C) speaks about immigration while flanked by colleagues during a news conference on Capitol Hill, January 9, 2015 in Washington, DC. Rep. Gutierrez talked about plans to help educate immigrant communities and prepare for the implementation of the executive actions on immigration announced by President Obama in last November. (Photo by Mark Wilson/Getty Images)
House Speaker John Boehner of Ohio walks back to his office on Capitol Hill in Washington, Wednesday, Jan. 14, 2015, after being on the floor of the House of Representatives. The House is voting on two bills: One that would alter a key section of the 2010 Dodd-Frank financial overhaul in a way that would help banks, and the other would block Obama’s executive actions on immigration, including removal of protections for immigrants who arrived in the country illegally as children. (AP Photo/Susan Walsh)
House Speaker John Boehner of Ohio walks back to his office on Capitol Hill in Washington, Wednesday, Jan. 14, 2015, after being on the floor of the House of Representatives. The House is voting on two bills: One that would alter a key section of the 2010 Dodd-Frank financial overhaul in a way that would help banks, and the other would block Obama’s executive actions on immigration, including removal of protections for immigrants who arrived in the country illegally as children. (AP Photo/Susan Walsh)
Rep. Luis Gutierrez, D-Ill., a leading advocate in the House for comprehensive immigration reform, center, leads a news conference on Capitol Hill in Washington, Tuesday, Jan. 13, 2015, with fellow Democrats on the implementation of President Barack Obama's executive actions to spare millions from immediate deportation. Rep. Al Green, D-Texas is at left. (AP Photo/J. Scott Applewhite)
President Barack Obama speaks various topics including immigration reform and the House of Representatives, Friday, Aug. 1, 2014, in the Brady Press Briefing Room of the White House in Washington. (AP Photo/Jacquelyn Martin)
US citizens Esmeralda Tepetate, 10, with her brother Sebastian, 2, whose parents are originally from Mexico, holds a sign that says "stop separating families" during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)
US President Barack Obama listens during a naturalization ceremony in the East Room of the White House on July 4, 2014 in Washington, DC. A total of 25 military members, veterans and their spouses became the newest US citizens. AFP PHOTO/Brendan SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Heather Pina, 6, whose parents are originally from Mexico, attends a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. (AP Photo/Jacquelyn Martin)
US President Barack Obama listens to the US National Anthem during a naturalization ceremony in the East Room of the White House on July 4, 2014 in Washington, DC. A total of 25 military members, veterans and their spouses became the newest US citizens. AFP PHOTO/Brendan SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
A woman holds up a sign that says "Don't deport my parents" during a rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)
US President Barack Obama listens as new citizens speak the Oath of Allegiance during a naturalization ceremony in the East Room of the White House on July 4, 2014 in Washington, DC. A total of 25 military members, veterans and their spouses became the newest US citizens. AFP PHOTO/Brendan SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
US President Barack Obama (L) listens as Deputy Secretary of the Department of Homeland Security Alejandro Mayorkas (R) administers the Oath of Allegiance during a naturalization ceremony in the East Room of the White House on July 4, 2014 in Washington, DC. A total of 25 military members, veterans and their spouses became the newest US citizens. AFP PHOTO/Brendan SMIALOWSKI (Photo credit should read BRENDAN SMIALOWSKI/AFP/Getty Images)
Light is reflected on Sara Ramirez, of Gaithersberg, Md., as she rallies for comprehensive immigration reform outside the White House in Washington, Friday, Nov. 7, 2014. "I've worked as a community organizer and I've seen the pain of the families," says Ramirez, who is originally from Guatemala, "their pain is immense." (AP Photo/Jacquelyn Martin)
President Barack Obama walks across the stage following a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Susan Walsh)
President Barack Obama smiles with chef Jose Andres, after awarding the chef with a "Outstanding American by Choice" award during a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Jacquelyn Martin)
President Barack Obama watches at left as Deputy Homeland Security Secretary Alejandro Mayorkas administers the oath of allegiance during a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Susan Walsh)
President Barack Obama smiles at new citizens during a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Jacquelyn Martin)
President Barack Obama speaks in the East Room of the White House in Washington, Friday, July 4, 2014, during a naturalization ceremony for active duty service members and civilians. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Susan Walsh)
President Barack Obama poses for a photo with chef José Andrés following a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of th White House in Washington. Andrés was honored with the Outstanding American by Choice recognition by the U.S. Citizenship and Immigration Services, an initiative that recognizes the outstanding achievements of naturalized U.S. citizens who have demonstrated their commitment to our country and to the common civic values that unite us as Americans through their civic participation, professional achievements and contributions. José Andrés received his U.S. citizenship in November of 2013, but has been an active member of the community since he arrived to the United States. (AP Photo/Susan Walsh)
President Barack Obama and Deputy Homeland Security Secretary Alejandro Mayorkas applaud after Mayorkas administered the oath of allegiance during a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Jacquelyn Martin)
President Barack Obama watches at left as Deputy Homeland Security Secretary Alejandro Mayorkas administers the oath of allegiance during a naturalization ceremony for active duty service members and civilians, Friday, July 4, 2014, in the East Room of the White House in Washington. Obama highlighted a positive side of the immigration debate by presiding over an Independence Day citizenship ceremony for service members who signed up to defend the U.S. even though they weren't American citizens. (AP Photo/Jacquelyn Martin)
Republican U.S. Sen. Bob Corker speaks to civic groups in Columbia, Tenn., on Thursday, Nov. 6, 2014. Corker criticized some fellow Republicans for equating any effort to address illegal immigration to amnesty. (AP Photo/Erik Schelzig)
People rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)
People rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. A theme of the rally was ceasing deportation of parents who are in the United States illegally. (AP Photo/Jacquelyn Martin)
People rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House. After the midterm elections immigration groups are pushing for executive action. A theme of the rally was ceasing deportation of parents who are in the United States illegally. (AP Photo/Jacquelyn Martin)
People rally for comprehensive immigration reform, Friday, Nov. 7, 2014, outside of the White House in Washington. After the midterm elections immigration groups are pushing for executive action. (AP Photo/Jacquelyn Martin)
President Barack Obama speaks during a news conference in the East Room of the White House, on Wednesday, Nov. 5, 2014, in Washington. One day after sweeping Republican election gains, President Obama and incoming Senate Majority Leader Mitch McConnell pledged to try and turn divided government into a force for good rather than gridlock on Wednesday, yet warned of veto showdowns as well. Trade legislation loomed as one possibility for quick compromise, and immigration as an early irritant. (AP Photo/Evan Vucci)
President Barack Obama arrives to a news conference in the East Room of the White House, on Wednesday, Nov. 5, 2014, in Washington.One day after sweeping Republican election gains, President Obama and incoming Senate Majority Leader Mitch McConnell pledged to try and turn divided government into a force for good rather than gridlock on Wednesday, yet warned of veto showdowns as well. Trade legislation loomed as one possibility for quick compromise, and immigration as an early irritant. (AP Photo/Evan Vucci)
Anjali Gautam, of Bhutan, poses with her certificate of citizenship as her father, Shyam, snaps a picture during a Halloween-themed naturalization ceremony, Friday, Oct. 31, 2014, in Baltimore. U.S. Citizenship and Immigration Services welcomed 38 children, many of whom came dressed in Halloween costumes, from 18 countries. (AP Photo/Patrick Semansky)
Yassin Elalamy, of Egypt, from left, Ezra Dessie, of Ethiopia, and Hilary Suarez, of the Dominican Republic, recite the pledge of allegiance during a Halloween-themed naturalization ceremony, Friday, Oct. 31, 2014, in Baltimore. U.S. Citizenship and Immigration Services welcomed 38 children, many of whom came dressed in Halloween costumes, from 18 countries. (AP Photo/Patrick Semansky)
U.S. President Barack Obama, right, speaks while meeting with bipartisan members of Congress including U.S. House Speaker John Boehner, a Republican from Ohio, in the Old Family Dining Room of the White House in Washington, D.C., U.S., on Friday, Nov. 7, 2014. Top Republicans met with President Obama today after warning him that changing U.S. immigration policy without involving Congress would invite 'big trouble' and make a future compromise impossible. Photographer: Dennis Brack/Pool via Bloomberg
U.S. President Barack Obama, right, speaks while meeting with bipartisan members of Congress including House Republican Whip Kevin McCarthy, a Republican from California, from left, House Minority Leader Nancy Pelosi, a Democrat from California, and U.S. House Speaker John Boehner, a Republican from Ohio, in the Old Family Dining Room of the White House in Washington, D.C., U.S., on Friday, Nov. 7, 2014. Top Republicans met with President Obama today after warning him that changing U.S. immigration policy without involving Congress would invite 'big trouble' and make a future compromise impossible. Photographer: Dennis Brack/Pool via Bloomberg
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WASHINGTON (AP) - A federal judge in Pittsburgh is declaring that President Barack Obama's recent executive actions on immigration are unconstitutional.

U.S. District Judge Arthur Schwab says Obama's order in November designed to spare millions living illegally in the United States from deportation amounts to "unilateral legislative action" in violation of the Constitution. Schwab issued his opinion Tuesday in a criminal case involving an immigrant here illegally from Honduras.

The administration has said the new policy does not apply to criminal cases. The Justice Department called Schwab's analysis "flatly wrong" and said he had no basis for his opinion because no one in the case had challenged the constitutionality of the president's actions.

Schwab's opinion puts forth some of the same arguments made by Texas and 23 other states in their challenge to Obama's actions on immigration. Schwab was appointed by President George W. Bush.

Case Western Reserve University law professor Jonathan Adler says he's skeptical that Schwab's opinion will stand.

Omar Jadwat, an expert in immigration law at the American Civil Liberties Union, said the opinion would have no effect on the administration's immigration policy. "It's really just the judge taking the opportunity to state his personal views," Jadwat said.

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