Comment: Legal Authority And Responsibility

Former chief counsel of USCIS and a law professor, Stephen Legomsky, demonstrates in his Wall Street Journal Op-ed that President Obama has the legal authority for his executive action on immigration. Mr. Legomsky is one of the 138 law professors specializing in immigration who wrote to President Obama two months ago confirming the President's authority to use deferred action on a large scale.

The president's legal authority is clear. First, the prosecutorial discretion that the president has exercised is a well-established, vital law-enforcement tool. When resources don't permit 100% enforcement, agencies are forced to set priorities.The immigration statute expressly recognizes deferred action by name, expressly authorizes the administration to grant work permits, and places no limitations on either. The formal agency regulations, in place since 1987, specifically authorize the grant of work permits to recipients of deferred action. And a long line of court decisions expressly recognize deferred action, again without limitation.The president is not creating a new path to permanent residence. He recognizes that only Congress can do that. His decision will be only a temporary measure, one that settled law and layers of executive precedents clearly permit.

The Presidential executive action, by its nature, is only a temporary solution, necessitated by Congress's failure to pass immigration reform. If Republicans in Congress are worked up about it, we invite them to finally rise up to their constitutional responsibly of passing laws that the country needs, and to pass their own solution to our broken immigration system.

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"">Article: Making a Sound Judgment as a Matter of DHS Policy By Joseph P. Whalen

"">Article: How May President Obama's Executive Actions Affect Legal Employment Based on Immigration? By Rohit Turkhud

"" target="_blank">Blogging: Initial Poll Numbers Look Good for President's Immigration Actions By Greg Siskind

"" target="_blank">Blogging: Substantial Drop in Deportations of Criminals By Matthew Kolken

"" target="_blank">News: USCIS Reminder on E-Verify Record Disposal

"" target="_blank">News: CRS Report on Immigration Legislation and Issues in the 113th Congress (11/4/2014)

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Headline: After Obama's Action, Immigration Agency Awaits 'A Real Challenge' Click here

Headline: Michael Gerson: Obama's executive order redefines the immigration debate Click here

Headline: Major Immigration Changes Click here

Headline: US economy: will immigration reform help the recovery? Click here

Headline: GOP Wisdom Shifts on Immigration Click here

Headline: Study: US attracting fewer educated, highly skilled migrants Click here

Headline: Obama's claim that George H.W. Bush gave relief to '40 percent' of undocumented immigrants Click here

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November 25, 2014, 7PM ET, Lory D. Rosenberg will offer a free teleseminar to discuss innovative ideas and practical methods to seamlessly implement Executive Action on Immigration in your practice. For more details and registration see here.

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