November 23, 2014

IT'S GOING TO TAKE A LOT OF PANTY UNTWISTING:

The President Is Right on Immigration : Obama's legal authority is clear, as it was for Reagan, Clinton and both Bushes. (STEPHEN LEGOMSKY, Nov. 23, 2014, WSJ)

The president's legal authority is clear. First, the prosecutorial discretion that the president has exercised is a well-established, vital law-enforcement tool. When resources don't permit 100% enforcement, agencies are forced to set priorities. Year after year, Congress has knowingly given the administration only enough resources to take legal action against some 400,000 of the estimated 11 million undocumented immigrants in the U.S.--less than 4% of that population. Sensibly, the administration believes that removing those who threaten public safety and those who entered recently is a higher priority than breaking up families and upending the lives of productive long-term residents--especially those brought here as children.

OK, some say, I get prosecutorial discretion. But where is the legal authority to grant deferred action--the program that provides temporary reprieves--and work permits? The answer is simple. The immigration statute expressly recognizes deferred action by name, expressly authorizes the administration to grant work permits, and places no limitations on either. The formal agency regulations, in place since 1987, specifically authorize the grant of work permits to recipients of deferred action. And a long line of court decisions expressly recognize deferred action, again without limitation.

Posted by at November 23, 2014 6:10 PM
  

blog comments powered by Disqus
« AND WE'RE LYING TO MAKE OURSELVES LOOK BETTER: | Main | SOMEONE HAS TO DO THE WORK WHITE PEOPLE WON'T: »