To believe the President Obama has the authority to ignore Immigration law via prosecutional discretion, is to believe that prosecutional discretion trumps the Constitution Article II's, Take Care Clause, which requires that the President "shall take Care that the Laws be faithfully executed."Prosecutional discretion is not an absolute privilege. To believe the President Obama has the authority to ignore Immigration law via prosecutional discretion, is to believe that prosecutional discretion trumps the Constitution Article II's, Take Care Clause, which requires that the President "shall take Care that the Laws be faithfully executed."
There's no logical stopping point to the prosecutorial justification underlying President Obama's immigration policies. Presidents could simply decide not to enforce entire sections of the Clean Air Act, tax code or labor laws, or exempt entire categories of people — defined unilaterally by the president — on the assertion that those laws are "unfair" and there aren't enough resources to go around. The president would have power to grant a "privilege" or exemption from any federal law, defying the plain language those laws and the will of the people's Congress. Constitutional Limits to Prosecutorial Discretion
The projected executive action (EA) by President Obama, if signed, will be doing the illegal immigrants all ready in this country a great disservice. In previous cases President Regan and Bush used an EA that addressed omissions in existing immigration legislation, that did not cover the children of illegal aliens that were allowed to stay in the country to pursue legal status. In other words the EA addressed issue in an existing law and unlike President Obama's EA, did not create a new law, which is unconstitutional. The EA also does not carry with it the same authority of a law voted in by Congress and signed by the President; this EA will simply be a directions to Homeland Security (via prosecutional discretion) to stop deportations of illegal immigrants already in the country, but prosecutional discretion does not legalize a violation of the law, it simply says in this specific case justice is otherwise served by not prosecuting a law breaker. This means that Obama's projected order does not change the fact that the illegal immigrants in the US will still be violating the law; so this security blanket could quickly be pulled out from under these same immigrants by a court order or the whim of the next President. In this case illegal immigrants will continue to live in the shadows not knowing what is going to happen to them as there is no law behind the President EA.
Consider the President has already shorted ICE with the money and agents necessary for deportations. President Obama’s budget would rewrite the federal government’s interior immigration enforcement priorities, cutting funding for states that try to help enforce immigration laws and scaling back the number of immigrants the federal government will detain while they await deportation. He sent the proposal to Capitol Hill on Wednesday, at a time when congressional lawmakers are trying to write a broad immigration bill to bolster border security and interior enforcement, and to screen millions of illegal immigrants who could gain legal status under the legislation. All of that will cost money, but Mr. Obama’s budget cuts overall funding for the Homeland Security Department. It particularly trims interior enforcement initiatives, such as the State Criminal Alien Assistance Program, which has widespread support among members of Congress...Ms. Napolitano’s budget boosts spending by $1.1 billion for U.S. Customs and Border Protection, which includes the Border Patrol and officers who watch the ports of entry. But it reduces by nearly $650 million, or 11 percent, funds for U.S. Immigration and Customs Enforcement, which handles interior investigations and deportations. Obamas Budget a Blow to Immigration Enforcers
There is also the effect the President's EA will have on blacks and other minorities. "As immigrants disproportionately increased the supply of workers in a particular skill group, the wage of black workers in that group fell, the employment rate declined, and the incarceration rate rose. Our analysis suggests that a 10-percent immigrant-induced increase in the supply of a particular skill group reduced the black wage by 4.0 percent, lowered the employment rate of black men by 3.5 percentage points, and increased the incarceration rate of blacks by almost a full percentage point." Blacks Hit Hard by Increased Immigration
Another issue not being reported on is how President Obama's Executive Amnesty will continue the victimization of illegal aliens. Since the majority of Americans are already against amnesty without even experiencing the inevitable hardships it will cause, the left will again allow the focus of their unpopular agenda to be scapegoated. When one considers that Americans have yet to feel the full effect of ObamaCare, which has never been popular to begin with, the Presidents actions now will likely guarantee the next president will have to run on revoking both the President Obama's EA on immigration and ObamaCare as well. And of course that doesn't even consider the likelihood that once Obama's Executive Amnesty is in place, he will announce another EA to give healthcare to the illegal aliens in the country, now protected from deportation. Whatever happens there will surely be a collective sigh of relief (that has not been heard since Woodrow Wilson's time) once this lame duck President is finally gone.