federal government rolling for months. it does keep obamacare funded for the length of this deal. now the department of homeland security will only be funded until february which sets up a showdown over the president s executive action on immigration. a federal judge in pennsylvania has ruled that the president s actions on immigration are unconstitutional. judge arthur schwab said that the president violated the policy. 13 minutes after the hour. wet weather ahead in the south and northeast. we want to go to meteorologist pedram javaheri for an early look at the forecast. pedram. good wednesday morning to you. let s talk about what s happening around the northeast. fog starts your morning in new york. visibility down to two miles on into new york and boston, that s where the wet weather is sticking around for the next day
and sound today, eric. rick, thanks so much. heather? tonight i would like to talk with you about immigration. heather: all right. well the president there as you heard him talking about and announcing his executive order on immigration. obviously a very big story but now there is another interesting wrinkle in that. we are now getting the first court ruling on that controversial move. a federal judge named arthur schwab, he is in pennsylvania, declared the president s action unconstitutional. he said that president obama is violating the constitutionally mandated separation of powers by essentially rewriting the law himself. but the judge wasn t ruling on the president s immigration action. he was actually considering another legal case. so let s bring in some lawyers to explain this all. brian claypool, civil rights lit great tore and criminal defense attorney and robert bianchi, trial attorney, criminal defense
judge arthur schwab. it s federal judge in pittsburgh. had an ordinary routine deportation case before him. he said i don t want to be deported even though i pleaded guilty to entering the country illegally, under the president s new rules and because i fathered a child and my child is an american citizen, i can stay. that forced this federal judge to review the constitutionality of the president s new rules and he ruled in a lengthy detailed and well-reasoned opinion that the president cannot rewrite federal immigration through which is effectively what he did. bill: does his decision hold much weight? it depend what happens. if the government appeals it to the third circuit court of appeals and loses it will cascade against the president. bill: the number of executive
heather: one thing we have not mentioned, brian, this is it, apparently had a child once he came back to the united states and so now he is trying to claim that he wants to stay here in the united states because he has a kid. what do you think of that? well, i mean obviously you have to verify, the first issue you have to verify is whether he has lived in the united states continuously prior to 2010. he doesn t meet that criteria. let s assume he does though. if he does have a child, there is a permanent resident of the united states, then maybe the executive order does apply. but let s get to the next issue then. the other part, the other part of judge schwab s ruling was ridiculous. he said that president obama could not issue a general threshold criteria for determining whether illegal immigrants should be deport and that is ridiculous because all presidents are allowed to issue discretionary orders like that. heather: you know, robert, i m wondering if this is a case a lot of jud
i think a lot of people want to show their solidarity with that city and those who suffered and overcame this challenge. andrew stevens, thank you. breaking overnight, president obama sign issed a huge $1.1 trillion spending bill that will keep the federal government operating for the next nine months. the measure rolls back some regulations on some banks but keeps obamacare funded for the deal. as apparently has a soundtrack that we re playing right now. it will only get funding through february with the action on immigration reform. a federal judge in pennsylvania has ruled that the president s executive action on immigration is unconstitutional. judge arthur schwab said the president violated for systematic which are allowed to remain this country. not clear how it might about the