Judge is skeptical of Arpaio's lawsuit

Does he have standing to challenge Obama on immigration?

Maricopa County Sheriff Joe Arpaio

Maricopa County Sheriff Joe Arpaio

WASHINGTON (AP) - A federal judge on Monday appeared deeply skeptical of an Arizona sheriff's lawsuit seeking to halt President Barack Obama's plan to spare nearly 5 million people from deportation.

U.S. District Judge Beryl Howell questioned whether Maricopa County Sheriff Joe Arpaio had legal standing to challenge the immigration program announced last month. She suggested the topic is better left for Congress and the Obama administration to sort out.

In the first courtroom battle over Obama's plan, Arpaio's lawyer Larry Klayman said the president violated the Constitution by doing an end-run around Congress. He argued that the program would let more illegal immigrants enter the country and commit crimes, burdening law enforcement.

"It's not policy, he's creating law and he cannot do that under the U.S. Constitution," Klayman said of Obama.

But Justice Department lawyer Kathleen Hartnett said Arpaio's lawsuit seemed to be raising a "political dispute" rather than a legal claim the court could address. The Obama administration has called the case "speculative and unsubstantiated" and has urged the court to dismiss it.

Howell at times seemed exasperated with Klayman, a longtime conservative activist who has filed hundreds of lawsuits against the federal government, including challenges to Obama's U.S. citizenship. When Klayman said his client has been threatened because of his tough views on Obama's immigration policy, Howell responded: "That just doesn't cut it for me."

Howell also said it did not appear that Arpaio could show a "concrete" injury he has suffered from the new policy.

Howell said she would issue a ruling in the case soon.