A comprehensive immigration reform bill was passed through the Senate in 2013, but by the end of June of this year, House Speaker John Boehner had announced there would not be a House vote on the Senate’s bill, or on any other immigration-related legislation. President Obama responded by promising to act by executive order, rather than waiting for legislation, to help people without status find a way to remain legally in the United States until Congress finally acts.
Some have questioned the president’s authority to grant any sort of relief from deportation to those unlawfully present within the United States. They point to the legislative branch’s authority to set the rules for admission of foreign nationals to the United States, and the executive branch’s duty to ensure those laws are faithfully executed. Yet, in immigration law enforcement—as in every branch of law enforcement—there remains a great deal of prosecutorial discretion that courts have recognized and, in general, refused to question.
