Fox News ran a story today about my work with Robert Delahunty criticizing President Obama’s DREAM Act executive order on illegal immigration. They also ran a short op-ed of mine, summarizing the study, alongside.
In the piece, I explain why President Obama’s refusal to enforce the immigration laws against up to 1 million illegal immigrants violates his duty to take care that the laws are faithfully executed, and distinguish it from the Bush Administration’s claim (on which I worked) that Congress could not infringe on the President’s powers to fight a war.
Here there is no claim that the immigration law is unconstitutional, and Obama cannot claim that prosecutorial discretion allows him to waive the law for over 1 million cases at once — otherwise, a President could simply change the law as he wishes by refusing to enforce it. President Romney could cut tax rates just by not prosecuting anyone who pays too little tax.
My sympathies go to the reporter, who had to read the whole law review article!