But in an interview with the Sioux City Journal, he said his suit would now be filed after the November election.
The Journal also reported that King is still developing a list of plaintiffs, and is picking a judicial district. But it said the suit is expected this year, not in 2013.
"For me, this is a constitutional issue; it doesn't need to be an election issue at all," King said. "But when the president of the United States suspends immigration law and manufactures a work permit out of thin air, I know of no constitutional attorney or scholar that can make an argument that that is not a violation of the separation of powers, legislating by executive fiat."