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On Immigration, Obama Has Law on His Side

By Erwin Chemerinsky, The New Republic - November 19, 2014

President Obama is soon expected to take a step toward fixing our broken immigration system by issuing an executive order to halt deportations of undocumented immigrants whose children are U.S. citizens. Republicans, including Speaker of the House John Boehner and new Senate Majority Leader Mitch McConnell, have threatened reprisals against such an order. But one thing is clear: The president has the constitutional authority to decide to not proceed with deportations. It has always been within the president’s discretion to decide whether to have the Department of Justice enforce a particular law. As the Supreme Court declared in United States v. Nixon, “the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.”

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