But in an interview with the Sioux City Journal, he said his suit would now be filed after the November election.

"We are close to the election. It would be viewed as a political initiative anyway," King told the paper.

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."