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. . . on June 25, 2012, en route to striking down draconian anti-immigrant restrictions enacted in Arizona, Reagan appointee Justice Anthony Kennedy, joined by George W. Bush appointee Chief Justice John Roberts and four colleagues, spelled out a solid foundation for DAPA. “A principal feature of the removal system,” the Court held, “is the broad discretion exercised by immigration officials. Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all.” The opinion went on to note that DHS must consider many factors in deciding when removal is appropriate, including both “immediate human concerns” and “foreign policy.”
Prominent conservative legal scholars and experts know that, as George Mason scholar and Obama critic Ilya Somin wrote at Volokh Conspiracy, “Obama’s decision to defer deportation is in line with those of past presidents, and well within the scope of his authority.” In Washington Examiner, Shikha Dalmia reminded “conservatives outraged” at the administration’s initiative that “whether they like it or not, existing immigration laws give the president vast discretion to temporarily legalize an unlimited number of foreigners.” University of Virginia professor Saikrishna Prakash, a former law clerk for Justice Clarence Thomas and a prominent specialist on separation of powers and presidential authority, has unequivocally stated that “President Obama has not suspended or dispensed any law” and “not violated his faithful execution duty.”
- Obama Reply Raises The Stakes For SCOTUS:Texas is Flat Out Wrong on Immigration Law.
- The “Lawfully Present” Confusion in the DAPA Case.
- Obama, immigration, and the rule of law.
- On immigration, Obama may be cynical, but he's not breaking the law.
- Response: The Statutory Nonenforcement Power.