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http://www.nytimes.com/2016/04/18/opinion/on-immigration-law-is-on-obamas-side.html?ref=opinion&_r=1
By RICHARD G. LUGAR APRIL 18, 2016
(Richard G. Lugar, Republican, who represented Indiana in the United States Senate from 1977-2013, is president of the Lugar Center.)
THE legal controversy surrounding the Obama administration’s immigration enforcement policies will soon come to a head when the Supreme Court justices hear the case United States v. Texas on Monday. Texas claims that the president’s executive decisions lack legal sanction by Congress and have injured the state.
But whether or not you like President Obama’s actions, he has operated under longstanding provisions of law that give the executive branch discretion in enforcement. This presidential prerogative has been recognized explicitly by the Supreme Court. Moreover, the nature of immigration enforcement and the resources (or lack thereof) appropriated by Congress necessitate exactly the type of choices that the president has made.
...
The immense moral and legal consequences of a deportation campaign targeting up to 11 million undocumented immigrants are obvious. Even Americans whose frustration has overcome their compassion and led them to support the harshest immigration enforcement would be likely to reconsider if they actually saw such an operation in action.
A huge roundup like that would require an extraordinary expansion of federal law enforcement capabilities and resulting intrusions into American society. But in reality, there is no prospect for such a campaign because Congress has not made available more than a small fraction of the necessary money and manpower.
This is why, by its nature, immigration enforcement requires executive discretion.
By RICHARD G. LUGAR APRIL 18, 2016
(Richard G. Lugar, Republican, who represented Indiana in the United States Senate from 1977-2013, is president of the Lugar Center.)
THE legal controversy surrounding the Obama administration’s immigration enforcement policies will soon come to a head when the Supreme Court justices hear the case United States v. Texas on Monday. Texas claims that the president’s executive decisions lack legal sanction by Congress and have injured the state.
But whether or not you like President Obama’s actions, he has operated under longstanding provisions of law that give the executive branch discretion in enforcement. This presidential prerogative has been recognized explicitly by the Supreme Court. Moreover, the nature of immigration enforcement and the resources (or lack thereof) appropriated by Congress necessitate exactly the type of choices that the president has made.
...
The immense moral and legal consequences of a deportation campaign targeting up to 11 million undocumented immigrants are obvious. Even Americans whose frustration has overcome their compassion and led them to support the harshest immigration enforcement would be likely to reconsider if they actually saw such an operation in action.
A huge roundup like that would require an extraordinary expansion of federal law enforcement capabilities and resulting intrusions into American society. But in reality, there is no prospect for such a campaign because Congress has not made available more than a small fraction of the necessary money and manpower.
This is why, by its nature, immigration enforcement requires executive discretion.