Federal judge: Obama's executive amnesty is a fight for Congress, not the courts

Judge Howell said, however, that Congress has the job of setting immigration enforcement priorities and can tell the president to knock it off — if lawmakers can get a bill passed.

“Should Congress disagree with the enforcement priorities set out by DHS in the challenged policies, Congress has the ability to appropriate funds solely for removal, and the president cannot refuse to expend funds appropriated by Congress,” she wrote in her 33-page opinion, which denied Sheriff Arpaio’s request for an injunction halting the amnesty and instead threw out the lawsuit, acceding to the Obama administration’s wishes.

Mr. Obama’s policy would grant a proactive three-year stay of deportation and work permits to up to 5 million illegal immigrants. It would also halt deportations for most other illegal immigrants, though they would not necessarily be eligible for work permits.