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- Oct 12, 2009
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The power to execute the law is given to the president in the constitution, not to the Congress. Prosecutorial discretion is part of that power. That has been thoroughly established in the courts for many decades.
I think you just don't get the most basic elements of what is going on. ICE has finite resources. It has to choose where to spend them. Obviously it doesn't have enough resources to catch and deport every single undocumented immigrant, right? So it needs to prioritize. Rather than focusing resources on trying to catch folks who didn't even come here of their own volition and who aren't causing any trouble, ICE wants to focus on the highest priority targets. People that are committing other crimes are the top of the list, but people who came here of their own volition are also obviously higher priority than people who didn't, right?
The Executive branch is to implement and enforce the laws passed. When a President decides to NOT enforce a valid law passed by Congress, the President is in violation of his oath of office, and possibly the Constitution. Basically, he's not doing his job.