Obama Is Suspending the Law Designed to Deter Illegal Immigration
A key part of the Fifth Circuit’s decision to keep the freeze on President Obama’s amnesty programs was the 25-page dissenting opinion written by the panel’s lone Obama appointee. Not only does it point to how the bloc-voting liberal justices of the Supreme Court will ultimately treat the case, it almost wholly focuses on the threshold issue of “prosecutorial discretion”: an executive-branch power that, if expanded to include mass grants of amnesty, would remove the last vestige of authority that Congress and the courts have in preventing immigration anarchy at our nation’s southern border.
The “essential point of disagreement” that Judge Stephen Higginson had with Judge Hanen’s lower-court opinion has to do with the characterization of the president’s amnesty programs. How DAPA and DACA are categorized is crucial for both sides. Obama’s attorneys contend that the programs are mere exercises of “prosecutorial discretion” on the part of the president.
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