clownboy
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Congress shall have no problem arguing it's illegal then won't they? Except...
Think Obama Is Behaving Like A Dictator On Immigration? SCOTUS Would Very Much Beg To Differ - Forbes
So, I see you've ceded the silly precedence argument and have moved on. Now read my bold on the same quote for your answer.
Quote Originally Posted by Justice Kennedy
“Congress has specified which aliens may be removed from the United States and the procedures for doing so. Aliens may be removed if they were inadmissible at the time of entry, have been convicted of certain crimes, or meet other criteria set by federal law. Removal is a civil, not criminal, matter. A principal feature of the removal system is the broad discretion exercise by immigration officials (emphasis added). Federal officials, as an initial matter, must decide whether it makes sense to pursue removal at all. If removal proceedings commence, aliens may seek asylum and other discretionary relief allowing them to remain in the country or at least to leave without formal removal.
Who makes federal law? Does existing federal law say "enforcement to be determined at the discretion of the Executive"?