Federal judge says Obama executive action on immigration is unconstitutional while Democratic senators snipe that he's 'wrong'

President Barack Obama's new plan to spare 4.7 million illegal immigrants from the threat of deportation violates the U.S. Constitution, a federal judge declared on Tuesday, handing down the first legal ruling against the plan.

Judge Arthur Schwab's ruling has no immediate impact, since the Obama administration says there was no reason for his Western District of Pennsylvania court to address the issue in the case, which concerns the legal status of 42-year-old Honduran immigrant Elionardo Juarez-Escobar.

Schwab is the first judge to rule on the legality of the plan Obama announced on Nov. 20. The executive action by the Democratic president is opposed by Republicans and has already been legally challenged by two dozen U.S. states.

'President Obama's unilateral legislative action violates the separation of powers provided for in the United States Constitution as well as the Take Care Clause, and therefore is unconstitutional,' Judge Schwab wrote.

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