(07-05-2018, 11:13 PM)flsprtsgod Wrote:

(07-05-2018, 11:04 PM)mikesez Wrote: Good stuff in the link but it's not a recent SCOTUS case.  SCOTUS has always given the President and Congress very broad authority to let people in or exclude them even if it doesn't seem fair. And where Congress has been vague, SCOTUS generally yields to the President's interpretation.
But remember this cuts both ways.  A lot of the stuff Obama did may not have been wise but was also within his authority.

Perhaps I'm mis-remembering, but I don't think the Right ever said it wasn't his authority to do so; they pushed strongly that he was unwise (on most things) and often contradicted the established law by refusing to have his Departments enforce it.

Parts of DACA exceeded Obama's authoirty, especially the part where he granted them work permits.  "I'm not going to prosecute you," is a risky but permissible statement.  "I'm going to give you a piece of paper that says you won't be prosecuted for being here and it says you can work even though Congress said you can't work and should be prosecuted for working" probably crosses over the line.

Plus, remember that Obama also tried to expand DACA to cover more children (specifically those who entered between 2007 and 2012), parents of covered children, but courts stopped him. The judge found that they hadn't allowed the public comment period required under the Administrative Procedure Act. I'm not sure why no one sued the first time around.

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